Agenda Item 5.4
DATE: June 25, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Agreement with the County of Alameda for Fiscal Year 2024-25 for Additional Library Services
Prepared by: Brad Olson, Management Analyst II, Parks & Community Services
EXECUTIVE SUMMARY:
The City Council will consider approving an agreement with the County of Alameda to provide 23 hours of library services per week at the Dublin Public Library for Fiscal Year 2024-25. These hours are in addition to the County’s base service level of 28 hours per week. There is no change in the number of hours from the Fiscal Year 2023-24 Agreement.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Agreement with the County of Alameda for Additional Library Services for Fiscal Year 2024-25.
FINANCIAL IMPACT:
The City’s cost to fund 23 additional operating hours of library services during Fiscal Year 2024- 25 is $670,320. This amount has been included in the Fiscal Year 2024-25 Budget.
DESCRIPTION:
Through an operational agreement executed in October 2002, the County of Alameda operates library-related activities in the Dublin Library building. It also provides equipment related to the general operation of the Library while the City owns and maintains the building. On an annual basis, the City and County enter into an agreement for operational hours.
The County of Alameda provides a base service level of 28 weekly operating hours. The City of Dublin has consistently provided funding to the County of Alameda to extend the number of hours the Library is open to the public. As proposed, the City would continue to provide funding for an additional 23 operating hours per week, excluding County-observed holidays, for a total of 51 445
operating hours per week. This number of hours has remained the same since Fiscal Year 2016-
17. During Fiscal Years 2019-20 and 2020-21, the City’s actual costs were reduced in proportion to the reduction of operating hours available to the public due to the COVID-19 pandemic, and the County of Alameda opted to waive the typical annual increase of 5%. The Library returned to its regular operating hours on September 19, 2021, and has operated at 51 hours per week since then.
The Library adjusts its funding request as needed to account for changes related to staffing and operational costs. For Fiscal Year 2024-2025, the County increased its funding request by 5% to $670,320. The increase applies to all cities served by the Alameda County Library, reflecting the County staff's cost-of-living adjustments and utility cost increases. The table below provides a five- year history of City funding levels for additional Library services.
Table 1: FIVE-YEAR HISTORY OF ADDITIONAL HOURS AND FUNDING LEVEL Fiscal Year Number of Hours Funding Level Actual Funding 2023-2024 23 $638,400 $638,400
2022-2023 23 $638,400 $638,400
2021-2022 23 $608,932 $570,874
2020-2021 23 $608,932 $494,757
2019-2020 23 $608,932 $456,699
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving an Agreement with County of Alameda for Additional Library Services for Fiscal Year 2024-25
2) Exhibit A to the Resolution – Agreement with County of Alameda for Additional Library Services Fiscal Year 2024-25
446
Attachment 1
Reso. No. XX-24, Item 5.4, Adopted 06/25/2024 Page 1 of 1 RESOLUTION NO. XX – 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH COUNTY OF ALAMEDA FOR ADDITIONAL LIBRARY SERVICES FOR FISCAL YEAR 2024-25
WHEREAS, the County of Alameda provides funding for a base level of 28 hours of service per week for Library Services, excluding County-observed holidays, at the Dublin Branch of the Alameda County Library system; and
WHEREAS, the City of Dublin proposes to fund an additional 23 hours of service a week in the amount of $670,320 for Fiscal Year 2024-25, excluding County-observed holidays, for a total of 51 open hours per week; and
WHEREAS, funding for the additional hours was included in the Fiscal Year 2024-25 Budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Agreement with the County of Alameda for Additional Library Services for Fiscal Year 2024-25, attached hereto as Exhibit A.
PASSED, APPROVED AND ADOPTED this 25th day of June 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
447
Attachment 2
Exhibit A to the Resolution
AGREEMENT BETWEEN THE
CITY OF DUBLIN
AND
COUNTY OF ALAMEDA
FOR
ADDITIONAL LIBRARY SERVICES
FISCAL YEAR 2024-25
The County of Alameda and the City of Dublin enter into this Agreement as Follows:
WHEREAS, current funding levels for County Library services limit the number of open hours per week at the Dublin Branch of the Alameda County Library system; and WHEREAS, the citizens of Dublin wish to have the Dublin Branch Library open more than the County-funded hours per week; and
WHEREAS, the Dublin City Council has authorized funding for the increases in staffing and utility costs required to open the Dublin Branch an average of 23 additional hours per week for a total of 51 open hours per week: therefore,
The City of Dublin and the County of Alameda agree to provide an average of 23 additional hours per week of Library services at the Dublin Branch of the Alameda County Library system, subject to the following terms and conditions.
TERMS AND CONDITIONS
1) Time Period: This agreement will be in effect from July 1, 2024, to June 30, 2025. 2) Services Described: During the period specified above, the County agrees to provide 23 additional open hours per week of library service at the Dublin Branch Library, excluding County observed holidays, in order to maintain a total weekly schedule of open hours at the Dublin Branch Library at 51 hours per week.
3) Payments: The City of Dublin agrees to pay the County of Alameda $670,320 in four (4) quarterly installments as follows:
September 30, 2024, $167,580.00
December 31, 2024, $167,580.00
March 31, 2025, $167,580.00
June 30, 2025, $167,580.00
Payments shall be due and payable upon receipt of quarterly billing statements in conjunction with the dates stated above. In addition to the amounts stated above, interest of 5 percent / month shall be payable, for any payment which is more than 30 days overdue.
448
4) Extension: All terms and conditions of this agreement may be extended, by mutual written agreement, on a year-to-year basis or as otherwise agreed to by the parties, provided the amount paid by the City of Dublin to the County of Alameda is adjusted annually to reflect increases/decreases to the costs connected with providing the services.
5) Periodic Activity Reports: Activity reports will be provided by the County Librarian to the designated City Staff on a quarterly basis to coincide with the issuance of quarterly billing statements. Dublin City Council or City Staff may request additional reports or presentations at any time.
6) Option to Terminate or Renegotiate Agreement: In the event that either party determines that it no longer has sufficient funding or staffing to meet the obligations of this agreement, that party may terminate or renegotiate this Agreement by giving at least thirty (30) days written notice.
7) Liability:
a) No persons engaged in the performance of services and functions under this Agreement shall be considered City employees or gain rights to City pension, Civil service, or other City employment status or right by way of this Agreement. b) The City shall not be called upon to assume any liability for the direct payment of any salary, wage, or other compensation to any County personnel performing services hereunder for the City, or any liability other than that provided for in this Agreement.
Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his/her employment.
c) The County will assume liability and pay cost of defense and hold the City harmless from loss, costs, or expenses caused by the negligent or wrongful act or omission of County officers, agents, and employees occurring in the performance of agreements between the parties hereto to the extent that such liability is imposed on the City by the provisions of Section 895.2 of the Government Code of the State of California. d) The County will, at its own cost and expense, procure insurance for its Library events held in the Dublin Library Parking Lot area in entirety in connection with this agreement.
The County will furnish insurance certificates to City prior to the event date. e) The City will assume liability and pay costs of defense and hold the County harmless from loss, costs, or expenses caused by the negligent or wrongful act or omission of City officers, agents, and employees occurring in the performance of agreements between the parties hereto to the extent that such liability is imposed on the County by the provisions of Section 895.2 of the Government Code of the State of California. 449
f) The provisions of this paragraph shall apply only to liability arising out of the performance by the Parties of their obligations under this Agreement. 8) Notices: Notices pertaining to this agreement shall be sent to the following:
CITY: COUNTY:
City Manager President, Board of Supervisors
CITY OF DUBLIN COUNTY OF ALAMEDA
100 Civic Plaza Administration Building
Dublin, CA 94568 1221 Oak Street
Oakland, CA 94612
County Librarian
ALAMEDA COUNTY LIBRARY
2450 Stevenson Boulevard
Fremont, CA 94538
450
IN WITNESS WHEREOF:
The parties hereto have executed this Agreement the day and year first above written, and County has hereunto caused its corporate name to be signed by its President of the Board of Supervisors, who is hereunto duly authorized the day and year first above written.
CITY OF DUBLIN COUNTY OF ALAMEDA
By: _______________________ By: ____________________________ Mayor President of the Board of Supervisors
City of Dublin County of Alameda
State of California State of California
Date: ___________________________ Date: __________________________ ATTEST:
By: ___________________________ By: __________________________ City Clerk Clerk of the Board of Supervisors
APPROVED AS TO FORM APPROVED AS TO FORM
By: ___________________________ By: __________________________ City Attorney Deputy County Counsel
451
DUBLIN LIBRARY
FY 2024-25 Projected Budget
EXPENSES:
Branch Personnel (18.65 FTE) $2,092,982
Services & Supplies $525,000
*All other Direct Cost $2,227,256
Total Direct Costs (Sub Total) $4,845,238
**Admin. Cost $1,325,143
GRAND TOTAL $6,170,381
*Direct Cost include share of Material costs, ITD cost and cost of Learning Group Services (Bookmobile: Literacy: Senior Services and Services to those with Disability) **System Wide Support includes the shared cost of Administration.
REVENUE:
County Library Property Tax $5,340,657 (28 Base Hours)
(Collection in Dublin)
City Contract $670,320 (23 Add. Hours)
Other County Library Funds $159,404
GRAND TOTAL $6,170,381
452
STAFF REPORT
CITY COUNCIL
Agenda Item 5.5
DATE: June 25, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Annual Street Resurfacing Project (2024 Cape Seal), CIP No. ST0117 - Approval of Plans and Specifications and Award of Contract to VSS International, Inc.
Prepared by: Michael Boitnott, Capital Improvement Program Manager EXECUTIVE SUMMARY:
The City Council will consider approving the plans and specifications and awarding a construction contract to VSS International, Inc., for the Annual Street Resurfacing Project (2024 Cape Seal). The project will resurface a segment of Dublin Boulevard with a cape seal that will prolong the life of the existing pavement surface.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract to VSS International, Inc. for the Annual Street Resurfacing (2024 Cape Seal) Project, CIP No. ST0117.
FINANCIAL IMPACT:
The base bid submitted by VSS International, Inc. is $811,000. Staff recommends a construction contingency of $100,000 (approximately 12%) to facilitate change orders for unforeseen construction issues, bringing the total potential construction cost to $911,000. Sufficient funds are available in the approved budget for CIP No. ST0117.
DESCRIPTION:
The 2022-2027 Capital Improvement Program Update (CIP) includes the Annual Street Resurfacing Project, CIP No. ST0117 (Attachment 2). The Annual Street Resurfacing Project provides for various types of pavement improvements from asphalt overlay to major rehabilitation of roadways. The construction will include crack seal, cape seal, and pavement delineation along an approximately 1.7-mile portion of Dublin Boulevard, between Marshall Canyon Drive and Silvergate Drive, as shown on the location map (Attachment 3). Cape seal is a preventative maintenance technique used to prolong the life of asphalt concrete surfacing. As 453
streets begin to show wear and stress cracks, it is important to seal the cracks to keep water from getting under the roadway pavement. A cape seal is a combination treatment consisting of an asphalt rubber chip seal (fine aggregates) covered with a slurry seal (sand/oil mixture), which seals cracks and provides a new, uniform wearing surface.
Bid Process and Results
The City of Dublin issued a bid package for the Annual Street Resurfacing Project (2024 Cape Seal) on May 6, 2024. The bid package consisted of 20 base bid items and one additive alternate bid item. The additive alternate item was the provision of 1,460 flexible delineator posts to be installed along segments of the planned buffered bike lane.
Two sealed bids were received on May 29, 2024, with the base bids ranging from $811,000 to $867,556.75 and additive-alternate bids ranging from $144,832 to $292,000. The lowest base bid of $811,000 was submitted by VSS International, Inc. A summary of the bid items and prices is provided as Attachment 4.
Staff reviewed the bid results, checked references and necessary licenses, and recommends that the City Council award the construction contract to VSS International, Inc. as the lowest responsive and responsible bidder. Staff does not recommend awarding the additive-alternate bid item because VSS International, Inc.’s additive-alternate bid was approximately 2.5 times the engineer’s estimate. Staff will evaluate other options to implement the flexible delineator posts.
To facilitate the approval of contract change orders and avoid construction delays, it is requested that the City Manager or designee be authorized to approve change orders up to the contingency amount of $100,000. The resolution will authorize this change as it relates to the project. Staff expects work to begin in late July 2024 and be completed in fall 2024.
California Environmental Quality Act (CEQA)
This project is exempt under Section 15301 (Existing Facilities) of the CEQA Guidelines.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A courtesy copy of this report was sent to VSS International, Inc. and Alameda County Transportation Commission’s Independent Watchdog Committee. The City Council Agenda was posted.
454
ATTACHMENTS:
1) Resolution Approving the Plans and Specifications and Awarding a Contract to VSS International, Inc. for the Annual Street Resurfacing (2024 Cape Seal) Project, CIP No. ST0117 2) CIP No. ST0117
3) 2024 Cape Seal Location Map
4) Bid Results
455
Attachment 1
Reso. No. XX-24, Item 5.5, Adopted 06/25/2024 Page 1 of 2 RESOLUTION NO. XX - 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE PLANS AND SPECIFICATIONS AND AWARDING A CONTRACT TO VSS INTERNATIONAL, INC. FOR THE ANNUAL STREET RESURFACING (2024 CAPE SEAL) PROJECT, CIP NO. ST0117
WHEREAS, the design team has completed the plans and specifications for the Annual Street Resurfacing Project (2024 Cape Seal), CIP No. ST0117, (Project) which includes the roadway resurfacing by means of crack filling, cape sealing, and installation of pavement delineation along Dublin Boulevard between Marshall Canyon Drive and Silvergate Drive; and WHEREAS, the City of Dublin did, on May 29, 2024, publicly open, examine, and declare all sealed bids for doing the work described in the approved plans and specifications for the Project, which plans and specifications are hereby expressly referred to for a description of said work and for all particulars relative to the proceedings under the request for bids; and WHEREAS, said bids were submitted to Staff and VSS International, Inc. was determined to be the lowest responsive and responsible bidder for doing said work.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Plans and Specifications for the Project.
BE IT FURTHER RESOLVEDthat the City Council of the City of Dublin does hereby award the Contract for the Project to the lowest, responsive, and responsible bidder, VSS International, Inc., at a base bid amount of eight-hundred eleven thousand dollars and zero cents ($811,000), the particulars of which bids are on file in the Office of the Public Works Director.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or designee to approve the Project contract change orders based on the appropriated funds designated for the Project up to the contingency amount of one-hundred thousand dollars and zero cents ($100,000).
BE IT FURTHER RESOLVED that the City Manager or designee is authorized to execute the Construction Agreement for the Project with VSS International, Inc. and make any necessary, non-substantive changes to carry out the intent of this Resolution. {Signatures on the following page}
456
Reso. No. XX-24, Item 5.5, Adopted 06/25/2024 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 25th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
457
Number ST0117 Program STREETS
PRIOR
YEARS
2022-2023
BUDGET 2023-2024 2024-2025 2025-2026 2026-2027
FUTURE
YEARS TOTALS
9100 $142,884 $48,991 $35,360 $35,360 $35,360 $35,360 $333,315 9200 $1,484,397 $684,947 $340,000 $340,000 $360,000 $360,000 $3,569,344 9400 $7,796,520 $3,023,727 $1,917,401 $1,917,401 $2,170,601 $2,170,601 $18,996,251 9500 $9,022 $40,169 $7,120 $7,120 $8,000 $8,000 $79,431 $9,432,823 $3,797,834 $2,299,881 $2,299,881 $2,573,961 $2,573,961 $22,978,341 PRIOR
YEARS
2022-2023
BUDGET 2023-2024 2024-2025 2025-2026 2026-2027
FUTURE
YEARS TOTALS
1001 $467,999 $467,999
2201 $3,456,188 $1,232,833 $600,920 $725,920 $800,000 $800,000 $7,615,861 2204 $1,484,999 $300,000 $1,784,999
2205 $300,000 $300,000
2214 $1,806,020 $450,000 $575,000 $450,000 $650,000 $650,000 $4,581,020 Measure BB Sales Tax - Local
Streets Fund
Measure B Sales Tax - Bike &
Pedestrian Fund
General Fund
ANNUAL STREET RESURFACING
ESTIMATED COSTS
Measure B Sales Tax - Local Streets
Fund
Salaries & Benefits
FUNDING SOURCE
Contract Services
Improvements
Miscellaneous
TOTAL
State Gas Tax
2022-2027 CAPITAL IMPROVEMENT PROGRAM
PROJECT DESCRIPTION
This project provides for the design and construction of a variety of pavement resurfacing treatments, from slurry seal to major rehabilitation and reconstruction of streets and resurfacing of bridge decks. The project also includes installation of new or upgrades of existing ADA curb ramps on roads that are reconstructed or receive an asphalt concrete overlay. Streets are selected for improvements based on the City's Pavement Management System to optimize the pavement condition in relation to available budget. The City owns and maintains approximately 148 centerline miles of streets.
The Metropolitan Transportation Commission groups Pavement Condition Index (PCI) ratings into the following categories: 80-100 Very Good-Excellent; 70-79 Good, 60-69 Fair, 50-59 At Risk, 25-49 Poor, and 0-24 Failed. The City of Dublin is rated very good with a three-year moving average PCI of 82.
This annual Resurfacing Program is primarily funded by Alameda County Transportation Commission Measure B/BB funds, SB-1, and Gas Tax. This program protects the substantial investment the City has in the public street system.
ANNUAL OPERATING IMPACT: None
MANAGING DEPARTMENT: Public Works
Attachment 2
458
PRIOR
YEARS
2022-2023
BUDGET 2023-2024 2024-2025 2025-2026 2026-2027
FUTURE
YEARS TOTALSFUNDING SOURCE
2215 $304,500 $304,500
2216 $82,500 $82,500
2220 $1,374,977 $1,764,661 $1,123,961 $1,123,961 $1,123,961 $1,123,961 $7,635,482 2304 $155,640 $4,360 $160,000
4309 $45,980 $45,980
$9,432,823 $3,797,834 $2,299,881 $2,299,881 $2,573,961 $2,573,961 $22,978,341
ANNUAL OPERATING IMPACT
TOTAL
Road Maint. & Rehab. Account
(RMRA)
Mitigation Contributions
Measure BB Sales Tax - Bike &
Pedestrian Fund
Measure B Grants
Local Recycling Programs
459
Number PK0123 Program PARKS
PRIOR
YEARS
2022-2023
BUDGET 2023-2024 2024-2025 2025-2026 2026-2027
FUTURE
YEARS TOTALS
9100 $15,080 $15,080
9200 $29,920 $29,920
9400 $150,000 $150,000
$195,000 $195,000
PRIOR
YEARS
2022-2023
BUDGET 2023-2024 2024-2025 2025-2026 2026-2027
FUTURE
YEARS TOTALS
2704 $195,000 $195,000
$195,000 $195,000
ANNUAL OPERATING IMPACT
2022-2027 CAPITAL IMPROVEMENT PROGRAM
PERSIMMON DRIVE PEDESTRIAN PATH REHABILITATION
TOTAL
ESTIMATED COSTS
FUNDING SOURCE
TOTAL
Landscape District Santa
Rita 1997-1
Salaries & Benefits
Contract Services
Improvements
PROJECT DESCRIPTIONThis project will provide for removal and replacement of approximately 1,250 linear feet of asphalt pathway along Persimmon Drive between Gleason Drive and Central Parkway. The asphalt concrete surface has experienced distress due to soil expansion, the encroachment of tree roots, and some slope creep along the adjacent Tassajara Creek bank. ANNUAL OPERATING IMPACT: NoneMANAGING DEPARTMENT: Public Works 460
Attachment 3
461
Annual Street Resurfacing "2024 Cape Seal"
ST0117
Bid Date:
BASE BID
ITEM DESCRIPTION Qty. UNIT Unit Cost Extension Unit Cost Extension 1 Mobilization (Not to Exceed 10% of total base bid) 1 LS $79,122.94 $79,122.94 $67,500.00 $67,500.00 2 1 LS $79,920.00 $79,920.00 $67,500.00 $67,500.00
3 Water Pollution Control 1 LS $3,240.00 $3,240.00 $15,000.00 $15,000.00 4 1 LS $43,151.40 $43,151.40 $45,000.00 $45,000.00
5 Rubberized Asphalt Crack Sealing 1 LS $26,460.00 $26,460.00 $65,000.00 $65,000.00 6 1 LS $372,000.00 $372,000.00 $395,000.00 $395,000.00
7 9,524 LF
$5.40 $51,429.60 $5.30 $50,477.20
8 29,707 LF
$2.70 $80,208.90 $2.65 $78,723.55
9 323 LF
$5.40 $1,744.20 $5.30 $1,711.90
10 165 LF
$12.96 $2,138.40 $12.70 $2,095.50
11 4,385 LF
$6.48 $28,414.80 $8.50 $37,272.50
12 640 LF
$6.48 $4,147.20 $6.35 $4,064.00
13 480 LF
$12.96 $6,220.80 $12.70 $6,096.00
14 31 SF
$15.12 $468.72 $14.80 $458.80
15 126 SF
$15.12 $1,905.12 $14.80 $1,864.80
16 84 SF
$15.12 $1,270.08 $14.80 $1,243.20
17 168 SF
$15.12 $2,540.16 $14.80 $2,486.40
18 357 SF
$15.12 $5,397.84 $14.80 $5,283.60
19 154 SF
$12.96 $1,995.84 $12.70 $1,955.80
20 890 SF $21.60 $19,224.00 $21.15 $18,823.50
TOTAL $811,000.00 $867,556.75
ITEM DESCRIPTION Qty. UNIT Unit Cost Extension Unit Cost Extension 1 1,460 EA $99.20 $144,832.00 $200.00 $292,000.00
TOTAL ADDITIVE ALTERNATES $144,832.00 $292,000.00
CITY OF DUBLIN
ENGINEERING DIVISION
BID SUMMARY
May 29, 2024
Project Name:
Project No. :
PUBLIC WORKS DEPARTMENT
4" Wide Thermoplastic White Diagonal Striping
6" Wide Thermoplastic Yellow Double Line
12" Wide Thermoplastic White Line
8" Wide Thermoplastic White Single Line
Thermoplastic Bike Symbol & Arrow
Flexible Delineator Post
Pavement Coatings Co.
LOW BIDDER
Stop Lettering (At Marshall Canyon Drive Intersection)
Green Bike Lane Treatment
ADDITIVE ALTERNATES
VSS International
Cape Seal
Traffic Control and Construction Area Signs (Not to Exceed 10% of total base bid)
Remove Existing Traffic Stripes, Pavement Markings, and Pavement Markers
Thermoplastic Type III Arrows-Left
6" Wide Thermoplastic White Single Line
Thermoplastic Type III Arrows-Right
Thermoplastic Type I Arrows-Ahead
Thermoplastic Type VI Arrows-Lane Drop Arrow
4" Wide Thermoplastic Yellow Diagonal Striping
12" Wide Thermoplastic White Line
(At Marshall Canyon Drive Intersection)
VSS International Pavement Coatings Co.
Attachment 4
462
STAFF REPORT
CITY COUNCIL
Agenda Item 5.6
DATE: June 25, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Amendments to the Dublin Municipal Code Inclusionary Zoning Regulations (Chapter 8.68), (PLPA-2023-00032)
Prepared by: Jason Earl, Senior Management Analyst
EXECUTIVE SUMMARY:
The City Council will consider adopting amendments to the Dublin Municipal Code Inclusionary Zoning Regulations (Chapter 8.68). The amendments to the Inclusionary Zoning Regulations include lowering the applicability of the regulations to residential development projects of 10 or more units, creating separate affordability requirements for different product types, resetting the 55-year affordable resale restriction upon transfer of ownership units, and applying selection criteria to resale of ownership units. On June 4, 2024, the City Council waived the first reading and introduced the Ordinance amendments. The City Council is considering waiving the second reading and adopting the proposed Ordinance.
STAFF RECOMMENDATION:
Waive the second reading and adopt the Ordinance Approving Amendments to Dublin Municipal Code Chapter 8.68 (Inclusionary Zoning Regulations).
FINANCIAL IMPACT:
None.
DESCRIPTION:
Background
The City has initiated amendments to the Dublin Municipal Code Inclusionary Zoning Regulations (Chapter 8.68). These amendments to the Inclusionary Zoning Regulations include lowering the applicability of the regulations to residential development projects of 10 or more units, creating separate affordability requirements for different product types, resetting the 55-year affordable resale restriction upon transfer of ownership units, and applying selection criteria to resale of ownership units. Please refer to Attachment 1 for the Ordinance amending the Dublin Municipal 463
Code Chapter 8.68 (Inclusionary Zoning Regulations). On June 4, 2024, the City Council waived the first reading and introduced the Ordinance approving the amendments, as further described in Attachment 2. The City Council will now consider waiving the second reading and adopt the Ordinance.
ENVIRONMENTAL DETERMINATION:
The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The proposed Zoning Ordinance Amendments are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15378(b)(4) as the amendments would not result in any physical changes it can be seen with certainty that the amendments would not have a significant effect on the environment, and the amendments do not involve any commitment to any specific project.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Ordinance Approving Amendments to Dublin Municipal Code Chapter 8.68 (Inclusionary Zoning Regulations)
2) City Council Staff Report dated June 4, 2024, without attachments 464
Attachment 1
Ord. No. XX-24, Item 5.6, Adopted 06/25/2024 Page 1 of 10 ORDINANCE NO. XX – 24
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO DUBLIN MUNICIPAL CODE CHAPTER 8.68 (INCLUSIONARY ZONING REGULATIONS)
PLPA-2023-00032
The Dublin City Council does ordain as follows:
SECTION 1. RECITALS
A. The City occasionally initiates amendments to the Dublin Municipal Code to clarify, add, or amend certain provisions to ensure that it remains current with federal and state law, internally consistent, simple to understand and implement, and relevant to changes occurring in the community.
B. Staff initiated amendments to Dublin Municipal Code Chapter 8.68 (Inclusionary Zoning Regulations) consistent with the City of Dublin Two-Year Strategic Plan, which includes Strategy 2: Housing Affordability, Objective 2b: Ensure the City’s inclusionary zoning regulations incentivize targeted housing production and Objective 2c: Prepare a nexus study to evaluate the affordable housing commercial linkage.
C. The City selected the consulting firm Economic and Planning Systems (EPS) to prepare an Inclusionary Zoning and Affordable Housing In-Lieu Fee Feasibility Study and Commercial Linkage Fee Nexus Study to inform the proposed amendments.
D. On August 15, 2023, and September 19, 2023, the City Council received informational reports on the Commercial Linkage Fee and Inclusionary Zoning and In-Lieu Fee programs and provided direction to staff to prepare updates to the programs.
E. On January 9, 2024, the City Council held a public hearing to consider amendments to the Inclusionary Zoning Regulations and Affordable Housing In-Lieu Fee. City Council directed Staff to return at a future meeting with additional information and analysis regarding increasing the inclusionary zoning requirement to 15%; increasing the in-lieu fee; differentiating the affordable housing requirements for different ownership product types; the impact of interest rate fluctuations; and a projection of in-lieu fee revenue.
F. On March 19, 2024, the City Council held a Study Session and provided direction to staff regarding increasing the inclusionary zoning requirement to 15%; increasing the in-lieu fee; differentiating the affordable housing requirements for different ownership product types; the impact of interest rate fluctuations; and a projection of in-lieu fee revenue.
G. The proposed amendments to Dublin Municipal Code Chapter 8.68 (Inclusionary Zoning Regulations) include changes to the affordability requirements for rental and ownership development projects, modifications to the provisions for the payment of fees in-lieu of constructing affordable units, revisions to the allocation of units to income levels, and revisions to the exceptions to the affordability requirements.
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Ord. No. XX-24, Item 5.6, Adopted 06/25/2024 Page 2 of 10 H. The Planning Commission held a duly noticed public hearing on May 14, 2024, during which all interested persons were heard, and adopted Resolution No. 24-04 recommending that the City Council approve the proposed amendments to Dublin Municipal Code Chapter 8.68 (Inclusionary Zoning Regulations).
I. A Staff Report was submitted to the Dublin City Council recommending approval of the proposed amendments to Dublin Municipal Code Chapter 8.68 (Inclusionary Zoning Regulations).
J. The City Council held a public hearing on the proposed amendments to Dublin Municipal Code Chapter 8.68 (Inclusionary Zoning Regulations) on June 4, 2024, at which time all interested persons had an opportunity to be heard.
K. Proper notice of said hearing was given in all respects as required by law.
L. The City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgement to evaluate the project.
SECTION 2. FINDINGS
A. Pursuant to Dublin Municipal Code Section 8.120.050.B., the City Council hereby finds that the amendments to Dublin Municipal Code Chapter 8.68 (Inclusionary Zoning Regulations) are consistent with the General Plan and any applicable Specific Plan in that they would provide an update to the City’s affordable housing requirements. Specifically, the amendments would implement Housing Element Program B.4, which calls for a review of the Inclusionary Zoning Regulations and preparation of a nexus study reviewing the affordable housing in-lieu fee.
B. The California Environmental Quality Act (CEQA), together with the State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The City Council hereby finds that the amendments to Dublin Municipal Code Chapter 8.68 (Inclusionary Zoning Regulations) are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) as the amendments would not result in any physical changes and it can be seen with certainty that the amendments would not have a significant effect on the environment.
SECTION 3. AMENDMENT OF CHAPTER 8.68.
Dublin Municipal Code Chapter 8.68 (Inclusionary Zoning Regulations) is amended to read as follows:
“Inclusionary Zoning Regulations”
8.68.010 Purpose.
The purpose of this Chapter is to:
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Ord. No. XX-24, Item 5.6, Adopted 06/25/2024 Page 3 of 10 A. Enhance the public welfare and assure that further housing development contributes to the attainment of the City’s housing goals by increasing the production of residential units affordable by households of very low, low, and moderate income.
B. Assure that the limited remaining developable land in the City’s planning area is utilized in a manner consistent with the City’s housing policies and needs.
8.68.020 Definitions.
As used in this Chapter, each of the following terms shall be defined as follows:
A. “Affordable unit” means an ownership or rental-housing unit, affordable to households with very low-, low-, or moderate-incomes as defined in this Chapter.
1. Rental units are deemed affordable units if the annual rent does not exceed 30% of maximum income level for very low-, low- and moderate-income households, adjusted for household size and as defined below.
2. Owner-occupied units are deemed affordable units if the sales price results in annual housing expenses that do not exceed 35% of the maximum income level for very low-, low-, and moderate-income households, adjusted for household size and as defined below.
B. “Applicant” means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities that seeks city real property development permits or approvals.
C. “Condominium” means a development consisting of condominiums. A condominium consists of an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof.
D. “Dwelling unit” means a dwelling designed and intended for occupancy by one household.
E. “Very low-, low-, and moderate-income levels” means those income and eligibility levels determined periodically by the California Department of Housing and Community Development based on Alameda County median income levels adjusted for family size. Such levels shall be calculated on the basis of gross annual household income considering household size and number of dependents, income of all household members eighteen years of age and older, and all other sources of household income and will be recertified as set forth by local standards, and state and federal housing law.
1. “Very low-income” means 50% or less of the median income, adjusted for actual household size.
2. “Low-income” means more than 50% and up to 80% of the median income, adjusted for actual household size.
3. “Moderate-income” means more than 80% and up to 120% of the median income, adjusted for actual household size.
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Ord. No. XX-24, Item 5.6, Adopted 06/25/2024 Page 4 of 10 F. “Resale controls and/or rent restrictions” means legal restrictions by which the affordable units shall be restricted to ensure that the unit remains affordable to very low-, low-, or moderate-income households, as applicable, for a period of not less than 55 years. The 55 year period will reset each time ownership of the unit is transferred through a bona fide sales transaction with a third party during the resale restriction period sale. With respect to rental units, such rent restrictions shall be in the form of a regulatory agreement recorded against the applicable property. With respect to owner-occupied units, such resale controls shall be in the form of resale restrictions, deeds of trust, and/or other similar documents recorded against the applicable property.
G. “Residential development” includes, without limitation, detached single-family dwellings, multiple-dwelling structures, groups of dwellings, condominium or townhouse developments, condominium conversions, cooperative developments, mixed use developments that include housing units, and residential land subdivisions intended to be sold to the general public.
8.68.030 General Requirements.
A. Affordability Requirement for Rental Units and Condominium Units. All new rental residential development projects, and all for-sale Condominium development projects (condominium developments with a density of 30 units per acre or more) with 10 units or more designed and intended for permanent occupancy shall construct 10.0% of the total number of dwelling units within the development as affordable units, except as otherwise provided by this Chapter, and except when all of the dwelling units (excluding units reserved for property management) within the project are affordable. (Any Condominium development project with a density of less than 30 units per acre shall be required to meet the Affordability Requirement for Ownership Units). The foregoing requirement shall be applied no more than once to an approved residential development (and generally at the tentative map stage), regardless of the changes in the character or ownership of the development, except as provided by this Chapter, provided the total number of units does not change. In applying and calculating the affordability requirement, any decimal fraction less than or equal to 0.50 may be disregarded, and any decimal fraction greater than 0.50 shall be construed as one unit.
B. Affordability Requirement for Ownership Units. All for-sale (ownership) residential development projects (including condominium development projects with a density of less than 30 units per acre), of 10 units or more designed and intended for permanent occupancy shall construct 15.0% of the total number of dwelling units within the development as affordable units, except as otherwise provided by this Chapter. The foregoing requirement shall be applied no more than once to an approved residential development (and generally at the tentative map stage), regardless of the changes in the character or ownership of the development, except as provided by this Chapter, provided the total number of units does not change. In applying and calculating the affordability requirement, any decimal fraction less than or equal to 0.50 may be disregarded, and any decimal fraction greater than 0.50 shall be construed as one unit.
C. Allocation of Units to Income Levels. Affordable units provided pursuant to this section shall be allocated as follows:
Rental and Condominium
Units
Ownership
Units
Very low-income households 0% 0%
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Ord. No. XX-24, Item 5.6, Adopted 06/25/2024 Page 5 of 10 Rental and Condominium
Units
Ownership
Units
Low-income households 100% 40%
Moderate-income households 0% 60%
Where the calculation of the allocation results in fewer units than would otherwise be required, one additional unit should be allocated to the income level with a decimal fraction closest to
0.50. D. Conditions of Approval: Any tentative map, conditional use permit, or site development review approving residential development projects subject to this Chapter shall contain conditions sufficient to ensure compliance with the provisions of this Chapter. Such conditions shall detail the number of affordable units required, set forth the applicant’s manner of compliance with this Chapter, and require the execution of an agreement imposing appropriate resale controls and/or rental restrictions on the affordable units.
E. Concurrent Construction. All affordable units in a project or phase of a project shall be constructed concurrently with market-rate units, unless the City Manager determines in writing that extenuating circumstances exist that make concurrent construction infeasible or impractical.
F. Design and Distribution of Affordable Units. All affordable units shall reflect the range of numbers of bedrooms provided in the project as a whole and shall not be distinguished by exterior design, construction, or materials. Affordable units may be of smaller size than the units in the project and may have fewer amenities than the market rate units in the project. All affordable units shall be reasonably dispersed throughout the project.
8.68.040 Exceptions to Affordability Requirement.
Developers of projects subject to Sections 8.68.030.A and 8.68.030.B shall construct the total number of affordable dwelling units within the development, unless subject to an exception set forth in this section. All exceptions require City Council approval.
A. Payment of Fees In Lieu of Constructing Affordable Units. Upon request, the applicant shall be permitted to pay a fee in lieu of constructing up to 40% of the affordable units that the developer would otherwise be required to construct pursuant to Sections 8.68.030.A and
8.68.030.B. The amount of the fee shall be as set forth in a resolution of the City Council, which may be amended from time to time to reflect inflation and changed conditions in the City and the region. In lieu fees shall be paid at the time and in the amount set forth in the in lieu fee resolution in effect at the time of issuance of the building permit.
B. Off-Site Projects. An applicant may construct the affordable units not physically within the development in lieu of constructing some or all of the affordable units within the development, with the approval of the City Council, if the City Council finds:
1. Construction of the units off-site in lieu of constructing units on-site is consistent with the Chapter’s goal of creating, preserving, maintaining, and protecting housing for very low-, low- and moderate-income households.
2. Units to be constructed off site are consistent with Section 8.68.030.F above. 469
Ord. No. XX-24, Item 5.6, Adopted 06/25/2024 Page 6 of 10
3. Would be infeasible or impractical to construct affordable units on-site.
4. Conditions of approval for the project require that the off-site affordable units would be governed by the terms of a deed restriction and, if applicable, rental restrictions similar to that used for the on-site affordable units.
5. Conditions of approval for the project, or other security such as a cash deposit, bond, or letter of credit, are adequate to require the construction of the off-site affordable units concurrently with the completion of the construction of the residential development or within a reasonable period (not to exceed five years).
C. Land Dedication. An applicant may dedicate land to the City or city-designated local non- profit housing developer in lieu of construction of some or all of the required affordable units, if the Council finds:
1. Dedication of land in lieu of constructing units is consistent with the Chapter’s goal of creating, preserving, maintaining, and protecting housing for very low-, low- and moderate- income households.
2. The dedicated land is useable for its intended purpose, is free of toxic substances and contaminated soils, and is fully improved, with infrastructure, adjacent utilities, grading, and all development-impact fees paid excluding any inclusionary zoning ordinance fees.
3. The proposed land dedication is of sufficient size to meet the following requirements:
a. The dedication includes land sufficient to construct the number of units that the applicant would otherwise be required to construct by Section 8.68.030.A and Section
8.68.030.B, based on the size of lots in the subdivision for which the applicant is meeting its obligation; and
b. In addition, the dedication includes such additional land the market value for which is equal to or exceeds the difference between the value of a market-rate, 1200-square foot unit and the price at which such a unit could be sold as an Affordable Unit (which amount shall be set forth in a resolution adopted from time to time by the City Council) times the number of units required.
D. Credit Transfers. An applicant may fully or partially satisfy the requirements of Sections
8.68.030.A and 8.68.030.B through the use of transfer credits created pursuant to Section 8.68.060. Credit certificates shall be presented to the Community Development Director, who shall note at the time of project approval the credit certificate by number. Credit certificates may only be used to satisfy the requirements for Inclusionary Units for the income category (i.e., very low-, low-, or moderate -income) and number of bedrooms for which they are issued.
E. Waiver of Requirements. The City Council, at its discretion, may waive, wholly or partially, the requirements of this ordinance and approve alternate methods of compliance with this Chapter if the applicant demonstrates, and the City Council finds, that such alternate methods meet the purposes of this Chapter.
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Ord. No. XX-24, Item 5.6, Adopted 06/25/2024 Page 7 of 10
8.68.050 General Procedures for Implementing Inclusionary Zoning Requirements.
A. Agreements. Prior to the issuance of a building permit for an affordable unit, resale restrictions or rental controls, or both, as the case may be, shall be set forth in an agreement between the City and the developer, in a form consistent with the City Council-adopted form agreement, which agreement shall be recorded against the property containing the affordable units. The agreement shall be executed by the City Manager, and its requirements shall run with the land and bind the applicant’s successors.
B. Rental Units; Occupancy; Annual Report. Agreements involving rental units shall require the owner of the affordable units to ensure that the units are occupied by tenants whose monthly income levels do not exceed very low-, low-, or moderate-income levels, as the case may be, and shall preclude tenants from subletting or subleasing the unit. The agreement shall also require the owner of the affordable unit to submit an annual report to the City Manager, in a format approved by the City. The report shall include, but not be limited to the following information: an identification of the affordable units within the project; the monthly rents charged and proposed to be charged; vacancy information for the prior year; and the monthly income for tenants of each affordable unit throughout the prior year.
C. Ownership Units; Occupancy; City’s Right of First Refusal. Agreements for ownership units shall specify that the inclusionary units must be occupied by the owner or owners and may not be leased or rented without the written approval of the City. The resale restrictions shall provide that in the event of the sale of an affordable unit, the City shall have the right to purchase any affordable owner-occupant unit at the maximum price that could be charged to an eligible household.
D. Selection Criteria. No household shall be permitted to occupy a unit that is required under this Chapter to be affordable unless the City or its designee has approved the household’s eligibility. Eligible potential occupants of affordable units will be qualified on the basis of household income as defined by this Chapter. The selection criteria for a qualified household may not distinguish between adults and children. Selection of qualified person should be based on priorities established using the point system described below:
• Employed within the boundaries of the City of Dublin (3 points maximum, one per household member)
• Public Service employee working in the City of Dublin (1 point) • Dublin resident (3 points maximum, one per household member) • Seniors (1 point, one per household)
• Permanently disabled (1 point, one per household)
• Immediate family member of Dublin resident (1 point, one per household) • Required to relocate from current Dublin residence due to demolition of dwelling or conversion of dwelling from rental to for-sale unit (1 point, one per household) To qualify as a “Public Service Employee”, the person shall be employed by a Public Agency. 471
Ord. No. XX-24, Item 5.6, Adopted 06/25/2024 Page 8 of 10 To qualify as “Employed within the boundaries of the City of Dublin”, the person shall have been employed within the City of Dublin for at least six months.
To qualify as a “Dublin resident,” the person shall have been a resident of the City of Dublin for at least a one-year period prior to the eligibility determination.
8.68.060 Affordable Unit Credits.
A. Creation. Affordable unit credits may be created by the City Council. One affordable unit credit certificate shall be issued for each affordable unit constructed in excess of the number of affordable units required to be constructed for the project by Sections 8.68.030.A and
8.68.030.B. The certificate shall designate a specific income category (i.e., very low-, low-, or moderate-income) and number of bedrooms for which they are issued.
B. Ownership and Use of Credits. Affordable unit credit certificates are issued to and become the possession of the project owner, who may use them to satisfy the requirements of this Chapter for another project in the City. If a project owner proposes to sell credit certificates, the parties shall first obtain the consent of the Finance Director, who will document the transfer by certificate number.
8.68.070 Incentives to Encourage On-Site Construction of Affordable Units.
The City may, but shall not be required to, offer incentives or financial assistance to encourage the on-site construction of affordable units in excess of the total number of affordable units required by this Chapter to be included in the project to the extent resources for this purpose are available and approved for such use by the City Council or City Manager. Such incentives may include, but shall not be limited to, the following:
A. Fee Deferral .
1. Development Processing Fees. The City Manager may approve deferred payment of City processing fees applicable to the review and processing of the project.
The terms and payment schedule of the deferred fees shall be subject to the approval of the City Manager.
2. Development Impact Fees. The City Council may authorize the deferred payment of development impact fees applicable to the affordable units. Approval of this incentive requires demonstration by the Applicant that the deferral increases the project’s feasibility.
The applicant must provide appropriate security to ensure future payment of such fees.
B. Design Modifications. The City Council may approve design modifications to affordable units that increase the feasibility of the construction of affordable units, including but not limited to, the following:
1. Reduced lot size.
2. Reduced setback requirements.
3. Reduced open space requirements.
4. Reduced landscaping requirements.
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Ord. No. XX-24, Item 5.6, Adopted 06/25/2024 Page 9 of 10
5. Reduced interior or exterior amenities.
6. Reduction in parking requirements.
7. Height restriction waivers.
Section 8.68.080 Inclusionary Zoning In Lieu Fees.
The fund previously known as the “Inclusionary Zoning In Lieu Fee fund” is hereby renamed the “Affordable HousingFund” (“Fund”) and all In Lieu Fees shall be deposited into the Fund.
A. Use. All monies in the Fund, together with any interest earnings on such monies less reasonable administrative charges, shall be used or committed to use by the City for the purpose of providing very low-, low-, and moderate-income ownership or rental housing in the City of Dublin.
B. Annual Report. The City Manager shall prepare an annual report to the City Council identifying the balance of monies in the Fund and the affordable units provided and any monies committed to providing very low-, low-, and moderate-income housing. The annual report shall also include a review of administrative charges.
Section 8.68.090 Violations.
It shall be unlawful for any person, firm, corporation, partnership or other entity that is subject to this ordinance pursuant to Sections 8.68.030.A and 8.68.030.B to violate any provision or to fail to comply with any of the requirements of this Chapter. A violation of any of the provisions of or failure to comply with any of the requirements of this Chapter shall constitute a misdemeanor; except that notwithstanding any other provisions of this Code, any such violation constituting a misdemeanor under this Chapter, may in the discretion of the enforcing authority, be charged and prosecuted as an infraction. Any person convicted of an infraction under the provisions of this Code shall be punishable as provided by the Government Code of the State of California.
8.68.100 Enforcement.
A. General. The City Manager shall enforce this Chapter, and its provisions shall be binding on all agents, successors, and assigns of an applicant. The City Manager may suspend or revoke any building permit or approval upon finding a violation of any provision of this Chapter.
No land-use approval, building permit, or certificate of occupancy shall be issued for any residential development unless exempt from or in compliance with this Chapter. The City may institute any appropriate legal actions or proceedings necessary to ensure compliance herewith, including, but not limited to, actions to revoke, deny, or suspend any permit or development approval.
B. Excessive Rents/Legal Action. If the City Manager determines that rents in excess of those allowed by operation of this Chapter have been charged to a tenant residing in an affordable unit, the City may take appropriate legal action to recover, and the project owner shall be obligated to pay to the tenant, or to the City in the event the tenant cannot be located, any excess rents charged.
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Ord. No. XX-24, Item 5.6, Adopted 06/25/2024 Page 10 of 10 Section 8.68.110 Appeals.
Decisions of the City Manager under this Chapter may be appealed as provided in Chapter 8.136.
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days following its final adoption.
SECTION 5. SEVERABILITY. The provisions of this Ordinance are severable and if any provision, clause, sentence, word, or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Ordinance or their applicability to other persons or circumstances.
SECTION 6. POSTING. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this 25th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
474
S
TAFF REPORT
CITY COUNCIL
Agenda Item 6.1
DATE: June 4, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Amendments to the Dublin Municipal Code Inclusionary Zoning Regulations (Chapter 8.68), Adoption of a Methodology for Determining Affordable Housing In-Lieu Fees and Adoption of Non-Residential Development Affordable Housing Impact Fees (PLPA-2023-00032) Prepared by: Jason Earl, Senior Management Analyst
E
XECUTIVE SUMMARY:
T
he City Council will hold a public hearing to consider adopting amendments to the Dublin Municipal Code Inclusionary Zoning Regulations (Chapter 8.68), the methodology for establishing the Affordable Housing In-Lieu Fee, and the Non-Residential Development Affordable Housing Impact Fee. The amendments to the Inclusionary Zoning Regulations include lowering the applicability of the regulations to residential development projects of 10 or more units, creating separate affordability requirements for different product types, resetting the 55-year affordable resale restriction upon transfer of ownership units, and applying selection criteria to resale of ownership units. The Affordable Housing In-Lieu Fee program would be revised to establish fees on a per-square-foot basis for each product type.
The Non-Residential Development Affordable Housing Impact Fee program would be retained with an inflationary index but would combine Research & Development and Office uses into a single category and set the fee at $1.39 per square foot.
S
TAFF RECOMMENDATION:
Conduct the public hearing, deliberate, and take the following actions: 1) Wa ive the reading and INTRODUCE the Ordinance Approving Amendments to Dublin Municipal Code Chapter
8.68 (Inclusionary Zoning Regulations); 2) Adopt the Resolution Establishing the Methodology for Determining the Affordable Housing In-Lieu Fee for Future Residential Units Subject to the City of Dublin Inclusionary Zoning Regulations; and 3) Adopt the Resolution Adopting a Non-Residential Development Affordable Housing Impact Fee Within the City of Dublin.
Attachment 2
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FINANCIAL IMPACT:
The Affordable Housing In-Lieu Fee is proposed to be amended to align with the economics of developing affordable housing. This will generate additional funding for the Affordable Housing Fund. The proposed amendments to the Non-Residential Affordable Housing Impact Fee program will combine the Research & Development and Office uses into a single fee and ensure that the impact fee program does not overburden the economic development priorities set by the City Council.
DESCRIPTION:
Background
The City of Dublin Two-Year Strategic Plan includes Strategy 2: Housing Affordability, which includes the following two objectives:
• Objective 2b: Ensure the City’s inclusionary zoning regulations incentivize targeted housing production; and
• Objective 2c: Prepare a nexus study to evaluate the affordable housing commercial linkage fee and affordable housing in-lieu fee for for-sale and rental housing.
The City of Dublin hired a consulting firm, Economic and Planning Systems (EPS), to work with Staff to develop amendments to the Inclusionary Zoning Regulations (IZR), the Affordable Housing In-Lieu Fee and the Non-Residential Development Affordable Housing Impact Fee (aka Commercial Linkage Fee) programs. Staff and EPS prepared an analysis of the development economics, reviewed industry best practices, reviewed inclusionary regulations in the surrounding Tri-Valley cities, and evaluated the nexus between non- residential development and the need it generates for affordable housing. An Affordable Housing In-Lieu Fee Feasibility Study and the Commercial Linkage Fee Nexus Study were prepared and included as Attachments 3 and 5 of this Staff Report.
On the August 15, 2023 and September 19, 2023, the City Council received informational reports about the Inclusionary Zoning Regulations, Affordable Housing In-Lieu Fee, and Non- Residential Development Affordable Housing Impact Fee and directed Staff to prepare amendments to these programs.
On January 9, 2024, the City Council held a public hearing to consider the amendments to the IZR and related fee programs (Attachment 8). At the conclusion of the public hearing, the City Council directed Staff to return with additional information and analysis regarding the feasibility of raising the inclusionary requirements for for-sale units to 15%, increasing the in- lieu fee on for-sale units, differentiating the affordable housing requirements for different ownership product types, and evaluate the impact of interest rate fluctuations on the feasibility of the IZR.
Attachment 2
476
On March 19, 2024, the City Council held a Study Session to review the additional information and provided direction to prepare the following additional amendments to the IZR:
• Increase the affordable housing requirement for single-family detached units and townhomes from 12.5% to 15%; and
• Require condominium developments to provide 10% of the units as affordable at the same income levels required for apartments, and ensure these regulations apply to projects with a density consistent with the feasibility analysis; and • Assess in-lieu fees of $15 per-square-foot for each market-rate ownership (for-sale) unit and $9 per-square-foot for each market-rate condominium unit.
Analysis
The analysis below focuses on the additional amendments made to the draft Inclusionary Zoning Regulations and Affordable Housing In-Lieu Fee Methodology based on the direction received at the March 19, 2024 Study Session. The City Council Staff Report dated January 9, 2024 (Attachment 8) has more information about the broader set of proposed amendments to the IZR, Affordable Housing In-Lieu Fee Methodology, and Non-Residential Development Affordable Housing Impact Fee.
Inclusionary Zoning Requirements
The economics of developing for-sale ownership units such as single-family detached units and townhomes is significantly different from higher density condominium units. As there is capacity to increase the affordable housing requirement for ownership units, the proposed ordinance has been revised to increase the requirement for ownership units from the current
12.5% to 15%. Higher density condominium development is at the limits of feasibility, and the subsidy required for affordable units pushes that limit even further. Reducing the inclusionary requirement for condominiums would help improve the financial feasibility of such projects. Therefore, the proposed amendments separate condominiums of 30+ units per acre from other ownership units. The proposed ordinance has been revised to include an affordable housing requirement of 10% for these condominium developments. The affordable housing requirement for condominium developments of less than 30 units per acre would be that of Ownership Units. Table 1 summarizes these proposed regulations.
Table 1. Ownership and Rental Policy Recommendations
Project Size
Threshold
Overall
Affordability
Requirement
Very-
Low-
Income
Low-
Income
Moderate-
Income
Ownership Units
(other than
Condominium Units)
10 Units 15% 0% 40% 60%
Rental Units &
Condominium Units 10 Units 10% 0% 100% 0%
Attachment 2
477
The following are the sections of the draft ordinance that have been revised to incorporate the changes noted above:
• Section 8.68.020 Definitions was updated with the addition of Subsection C adding the definition for Condominium.
o “Condominium” means a development consisting of condominiums. A condominium consists of an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof. • Section 8.68.030 General Requirements Subsection A was updated to include Condominiums of 30+ units per acre.
• Section 8.68.030 General Requirements Subsection B was updated to include Condominiums with less than 30 units per acre, and to reflect the new Inclusionary Zoning Requirement of 15% for Ownership (for-sale) Units (other than Condominiums).
The proposed amendments to the Inclusionary Zoning Regulations align the economics of developing affordable housing and the efforts of the City Council to prioritize the collection of fees that can be leveraged to facilitate the production of lower income units to satisfy the City’s RHNA while providing on-site units.
Attachment 1 is the draft Ordinance approving amendments to the Inclusionary Zoning R
egulations. Attachment 6 is the proposed amendments in redline format where underlined text is proposed to be added, and text with a strikethrough is proposed to be deleted.
Attachment 8 includes a comprehensive discussion of the proposed amendments to the Inclusionary Zoning Regulations.
A
ffordable Housing In-Lieu Fee
The proposed methodology for establishing the Affordable Housing In-Lieu Fee would assess the fee on a per-square-foot basis for each market-rate unit produced. The proposed methodology for determining the fee is based on the Affordable Housing In-Lieu Fee Feasibility Study and rounded to the nearest dollar. This fee is reflective of the cost to produce affordable units of each product type. The proposed fee for ownership (for-sale) units (other than high density Condominiums of 30+ units per acre) would be set at $15 per square foot and adjusted annually based on an inflationary index. The proposed fee is equivalent to approximately $546,000 per affordable ownership unit. The proposed fee for rental and high- density Condominium units (condominiums with a density of 30+ units per acre) would be set at $9 per square foot and adjusted annually based on an inflationary index. The proposed fee is equivalent to approximately $232,650 per affordable rental or condominium unit. The Resolution to establishing the methodology for determining the Affordable Housing In-Lieu Fee is included as Attachment 2.
Attachment 2
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Non-Residential Development Affordable Housing Impact Fee The Dublin Municipal Code (Chapter 7.86) establishes the authority for the City to impose a Non-Residential Development Affordable Housing Impact Fee. This fee is based on a nexus between non-residential development and the need it generates for affordable housing. New non-residential development is assessed this fee on a per-square-foot basis at the time a building permit is issued. The existing fee structure is proposed to be retained but would combine Research & Development and Office uses into a single category and set the fee at $1.39 per square foot. Additionally, the names of the land use categories have been updated to be consistent with the Nexus Study and current industry terminology. Please refer to the City Council Staff Report dated January 9, 2024, for further details (Attachment 8). No additional amendments to the program are proposed since that meeting. The Resolution adopting the Non-Residential Development Affordable Housing Impact Fee is included as Attachment 4.
STRATEGIC PLAN INITIATIVE:
Strategy 2: Housing Affordability
Objective 2b: Ensure the City’s inclusionary zoning regulations incentivize targeted housing production.
Objective 2c: Prepare a nexus study to evaluate the affordable housing commercial linkage fee and affordable housing in-lieu fee for for-sale and rental housing.
ENVIRONMENTAL DETERMINATION:
The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The proposed Zoning Ordinance Amendments are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15378(b)(4) as the amendments would not result in any physical changes it can be seen with certainty that the amendments would not have a significant effect on the environment, and the amendments do not involve any commitment to any specific project.
PLANNING COMMISSION REVIEW:
The Planning Commission held a public hearing on May 14, 2024 to consider the additional amendments to the IZR. The Planning Commission made a unanimous recommendation of approval on the proposed changes to the regulations. Planning Commission Resolution 24-04 recommending the City Council approval is included as Attachment 7.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a public notice was published in the East Bay Times 10 days and Attachment 2
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five days prior to the hearing and posted at several locations throughout the City. The public notice was provided to all people who have expressed an interest in being notified of this item 14 days prior to the meeting. The Staff Report for this public hearing was also made available on the City’s website.
ATTACHMENTS:
1) Ordinance Approving Amendments to Dublin Municipal Code Chapter 8.68 (Inclusionary Zoning Regulations)
2) Resolution Establishing the Methodology for Determining the Affordable Housing In-Lieu Fee for Future Residential Units Subject to the City of Dublin Inclusionary Zoning Regulations
3) Exhibit A to the Resolution - Inclusionary Housing Feasibility Report dated December 7, 2023 and Revised March 27, 2024
4) Resolution Adopting a Non-Residential Development Affordable Housing Impact Fee Within the City of Dublin
5) Exhibit A to the Resolution - Commercial Linkage Fee Nexus Study dated October 27, 2023 6) Redlined Version of Amendment to Inclusionary Zoning Regulations 7) Planning Commission Resolution 24-04 Recommending City Council Approval of Amendments to Dublin Municipal Code Chapter 8.68 (Inclusionary Zoning Regulations) 8) City Council Staff Report Dated January 9, 2024
9) City Council Staff Report Dated March 19, 2024
Attachment 2
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STAFF REPORT
CITY COUNCIL
Agenda Item 5.7
853DATE: June 25, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Park Improvement Agreement for Francis Ranch Development Prepared by: Bridget Amaya, Assistant Parks & Community Services Director EXECUTIVE SUMMARY:
The City Council will consider an Improvement Agreement with TH East Ranch Dublin LLC (Trumark) and Arroyo CAP IV-3 (Arroyo) to construct two 5.5-acre neighborhood parks as identified in the Eastern Dublin Specific Plan within the Francis Ranch development, formerly called East Ranch.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Improvement Agreement for Two Neighborhood Park Sites Within the Francis Ranch Development.
FINANCIAL IMPACT:
The Developer will bear all costs associated with the agreement, with the parks being developed in accordance with the City’s requirement for land dedication and park improvements. The Developer will be granted fee credits in the Neighborhood Park Improvement Fee category for improvements made beyond what is required.
DESCRIPTION:
TH East Ranch Dublin LLC (Trumark) and Arroyo CAP IV-3 (Arroyo) own certain real property consisting of 165.5 acres of land located north of Interstate 580, east of Fallon Road, and adjacent to the City’s eastern boundary (APN 905-2-12), on which it has approvals for a residential development project. The approval authorizes Trumark to develop 573 residential dwelling units, comprising 100 multi-family attached units and 473 detached single-family units, along with infrastructure and related improvements.
Trumark and Arroyo dedicated two 5.5-acre neighborhood parks within Tract 8563, totaling 11 acres, as a project condition of approval. The dedication satisfies Neighborhood Parkland 481
dedication obligations, and Trumark and Arroyo have received Neighborhood Parkland fee credits under the City’s Public Facilities Fee program.
In addition, Trumark is now requesting to develop the two 5.5-acre neighborhood parks, by completing the improvements being credited against the City’s Neighborhood Park Improvement Fee under the Public Facilities Fee Program. The estimated construction cost for the improvements, as adjusted for inflation, is agreed to be $9,814,321. Based on the Public Facility Fee Program calculations, Trumark will receive an improvement credit value of $4,881,620.
If the City Council approves the agreement, the City intends to accept Trumark’s offer of park improvements in consideration of Trumark’s satisfactory performance of the terms and conditions outlined therein (Attachment 2).
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this Staff Report has been provided to the Developer, and the City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving the Improvement Agreement for Two Neighborhood Park Sites Within the Francis Ranch Development
2) Exhibit A to the Resolution – Improvement Agreement for North and South Neighborhood Park Site within Francis Ranch Development
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Attachment 1
Reso. No. XX-24, Item 5.7, Adopted 06/25/2024 Page 1 of 2 RESOLUTION NO. XX – 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE IMPROVEMENT AGREEMENT FOR TWO NEIGHBORHOOD PARK
SITES WITHIN THE FRANCIS RANCH DEVELOPMENT
WHEREAS, TH East Ranch Dublin (Trumark) and Arroyo CAP IV-3 own portions of certain real property (“the Property”) consisting of 165.5 acres of land, located in the City of Dublin, County of Alameda, north of Interstate 580, east of Fallon Road and adjacent to the City of Dublin’s eastern boundary, (APNs 905-0002-008 through -011 and -013 through -023, inclusive) on which it is pursuing a residential development project (“the Project”); and WHEREAS, in pursuit of the Project, Trumark has sought and obtained approval of a Vesting Tentative Map for Tract 8563, and was approved by City Council Resolution No. 140-21 on December 7, 2021; and
WHEREAS, the Vesting Tentative Map requires Trumark to dedicate two 5.5-acre neighborhood parks, totaling 11 acres of neighborhood parkland to the City for which it will receive Neighborhood Park credits under the City’s Public Facilities Fee Program; and WHEREAS, Trumark will design and develop the two 5.5 acre neighborhood parks with the cost of completing the improvements being credited against the City’s Neighborhood Park Improvement fee credits under the City’s Public Facilities Fee Program, as specified in the Agreement; and
WHEREAS, upon completion, Trumark will dedicate the park Improvements to the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve an Improvement Agreement for the two neighborhood park sites within the Francis Ranch Development, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute the Agreement and make any necessary, non-substantive changes to Exhibit A to carry out the intent of this Resolution.
{Signatures on the Following Page}
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Attachment 1
Reso. No. XX-24, Item 5.7, Adopted 06/25/2024 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 25th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
Mayor
ATTEST:
____________________________________
City Clerk
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1 IMPROVEMENT AGREEMENT FOR
NORTH AND SOUTH NEIGHBORHOOD PARK SITE
WITHIN THE FRANCIS RANCH/EAST RANCH DEVELOPMENT
THIS IMPROVEMENT AGREEMENT (this “ Agreement”) is made and entered in the City of Dublin on this ________________________ (“Effective Date”) by and among THE CITY OF DUBLIN, a Municipal Corporation (hereafter “CITY”), TH EAST RANCH DUBLIN LLC, a California limited liability company (hereafter “DEVELOPER”) and ARROYO CAP IV-3, LLC, a Delaware limited liability company (hereafter “OWNER”). CITY, DEVELOPER and OWNER are hereinafter collectively referred to as the “Parties.” WITNESSETH:
WHEREAS, OWNER owns certain real property located at 4038 Croak Road in the City of Dublin, County of Alameda (APNs 905-0002-008 through -011 and -013 through -023, inclusive), as more particularly described in Exhibit A attached hereto (the “Property”); and WHEREAS, OWNER an d DEVELOPER entered in to (i) an Option Agreement dated September 28, 2023, wherein OWNER granted an option to DEVELOPER to purchase and acquire the Property in su ccessive takedown closings on a lot-b y-lot basis for the construction of a residential development project, and (ii) a C onstruction Agreement dated Septemb er 28, 2023, with Trumark Construction Services, Inc., an affiliate of DEVELOPER, wherein Tru mark Construction Services, Inc., agreed to, among other things, develop and install on-site and off-site grading, backbone and infrastructure and other improvements in connection with development of the Property;
WHEREAS, DEVELOPER has sought and obtained approval of a Vesting Tentative Map (Tract No. 8563) (the “Vesting Tentative Map”); and
WHEREAS, the approval of the Vesting Tentative Map authorizes DEVELOPER to develop the Property to include approximately five hundred seventy-thr ee (5 73) residential dwelling units, of which o ne hundred (10 0) multi-family attached units and four h undred seventy-three (473) detached single family units, along with infrastructure and related improvements (the “Project”); and
WHEREAS, the Vesting Tentative Map requires DEVELOPER to dedicate and improve a total of 11.0 acres of neighborhood p ark to the CITY and to satisfy in fu ll requirements of the development and impact fees under the City's Publ ic Facilities Fee Program (collectively, the “Park Improvement Impact Fees ”) for the following: (a) Community Nature Parks, Improvements; (b) Community Parks, Improvements; (c) Neighborhood Parks, Improvements; (d) Neighborhood Parks, Land; and (e) Community Parks, Land; and WHEREAS, CITY and DEVELOPER now desire that DEVELOPER design and develop two neighborhood parks totaling 11.0 acres, one of which is depicted on the Vesting Tentative Map as Parcel D and is composed of approx imately 5.5 acres (the “North Park”) with th e
Attachment 2
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2 DEVELOPER’s cost for completing the improvements to the North Park being credited against the City’s Park Improvement Impact Fees, as specified herein; and
WHEREAS, CITY also desires that DEVELOPER design and develop the approximately
5.5-acre neighborhood park in the location depicted on the Vesting Tentative Map as Parcel O (the “South Park”), as specified herein (North Park and South Park are herein collectively referred to as the “Parks”); and
WHEREAS, DEVELOPER will design and construct the improvements on the Parks (hereinafter called “Park Improvements”) and DEVELOPER or OWNER, as the then-owner of the land, as applicable, will dedicate the Park Improvements to the CITY (for the avoidance of doubt, the Park Improvements do not include the South Park ROW Improvements (as defined below) and the North Park ROW Improvements (as defined below)); and
WHEREAS, the build out of the Park Improvements will satisfy in full the requirements of the development and impact fees under the Ci ty’s Public Facilities Fee Program for the following: (a) Community Nature Parks, Improvements; (b) Community Parks, Improvements; and (c) Neighborhood Parks, Improvements (collectively, the “Park Impact Fees”); and
WHEREAS, the dedication of the Park Improvements to the CITY and recordation of a final map covering the Project will satisfy in full the requirements of the development and impact fees under the City’s Public Facilities Fee Program for the following: (a) the Neighborhood Parks, Land; and (b) Community Parks, Land (collectively, the “Land Impact Fees”); and
WHEREAS, DEVELOPER is currently permitting with the CITY and subsequent to obtaining approval will build improvements in the right of way (co llectively, the “ South Park ROW Improvements”) directly adjacent to South Park limits, consistent with Vesting Tentative Map and Improvement Plans for Francis Ranch Tract 8563 Phase 1 Backbone Croak Road and Central Parkway (“Phase 1 BB”) along Croak Road, Street T and Street B; and
WHEREAS, DEVELOPER is currently permitting with the City and subsequent to obtaining approval will build improvements in the right of way and open space corridor trail (collectively, the “ North Park ROW Improvements ”) directly adjacent to North Park limits, consistent with Vesting Tentative Map and Improvement Plans for Francis Ranch Tract 8563 Phase 2 Backbone (“Phase 2 BB”) along Croak Road, and Street A; and
WHEREAS, the CITY has agreed to the installation of art, public art, or a public art project within the Park per Chapter 8.58 Public Art Prog ram Contribution to be addressed in a written agreement between DEVELOPER and CITY;
WHEREAS, DEVELOPER agrees to satisfactorily complete the Park Improvements and CITY intends to accept DEVELOPER’s and/or OWNER’s (each in its capacity as the then-owner of the land, as applicable) offer of dedication of the land and Park Improvements in consideration for DEVELOPER's satisfactory performance of the terms and conditions of this Agreement.
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3 NOW, THEREFORE, CITY, OWNER and DEVELOPER agree as follows:
1. Land Dedication. As set forth in the Vesting Tentative Map, the DEVELOPER and/or OWNER (each in its capacity as the then-own er of the land, as applicable) shall dedicate the North Park on or before recordation of the final map, which together with the dedication of the South Park will total approximately 11.0 acres of usable land. For the avoidance of doubt, the parties agree that DEVELOPER is obligated to perform the improvements set forth herein on the Property on behalf of itself and OWNER. Th is land dedication shall satisfy the obligations imposed on APN 905-0002-012 owned by Taylor Morrison of California, LLC, a California limited liability company (“Taylor Morrison”) by Chapter 9.28 of the Dublin Municipal Code to dedicate land or pay fees in lieu thereof as a condition to filing a final map for certain real property located in the City of Dublin, County of Alameda, State of California as more particularly described in that certain Agreement for Purchase of Real Property and Preliminary Escrow Instructions dated November 3, 2023 by and between Taylor Morrison and DEVELOPER, as amended. Taylor Morrison shall be a third-party beneficiary to the previous sentence with all rights to enforce the same as though it were a party to this Agreement. Furthermore, OWNER or DEVELOPER’s dedication of the North Park and South to the CITY shall satisfy the oblig ations imposed on any subsequent owner of any portion of the Project to build parks or pay in lieu fees for such subsequent owner’s development of the portion of the Project acquired by such subsequent owner, and such subsequent owner shal l be a third party beneficiary to this sentence with all rights to enforce the same as though it were a party to this Agreement.
2. Names. Notwithstanding anything to the contrary herein, OWNER and DEVELOPER acknowledges and agrees that the Parks will be subject to the standard City naming process.
3. Park Design; Design Documents.
a) DEVELOPER shall (i) hire Gates + Associates to design the Park Improvements, (ii) submit conceptual plan alternatives for Park Improvements to the CITY for design review within ninety (90) days of the execution of this Agreement and (iii) shall obtain written approval from CITY, and any and all departments with authority over the conceptual plans, of the final conceptual plan and approval to issue all required permits, no later than one hundred- eighty (180) days from the execution of this Agreement, unless such time period is extended by a Force Majeure Event (as defined below). In the event that DEVELOPER chooses to move forward with a landscape architect other than Gates & Associates, DEVELOPER shall provide CITY with prior written notice. Conceptual plans shall be consistent with the Neighborhood Park Standards in the Parks and Recreation Master Plan, as appr oved by the City Council in April 2022, subject to Section 11 below, and with the City's sta ndards for park development (collectively, the “Standards”). CITY, and any and all applicable departments ha ving review and approval authority over the revised plans, shall have thirty (30) calendar days to provide detailed, written and complete comments to DEVELOPER's initial s ubmittal and any subse quent submittals of revised plans. Notwithstanding the foregoing, CITY shall require no more than three (3) subsequent submittals of revised plans.
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4 b) Conceptual plans will be presented to the City of Parks and Community Services Commission and City Council for final approval within sixty (60) calendar days of CITY’S approval of the conceptual plans.
c) Notwithstanding the foregoing, in the event the conceptual plans exceed the Total Park Improvement Fee (defined below), CITY shall reimburse OWNER for any excess costs subject to Section 11 below.
4. Park Construction; Construction Documents. DEVELOPER shall cause the preparation of construction plans and specifications for the Improvements, including all amenities listed as Neighborhood Park Standards in the 2022 -City of Dublin Parks and Recreation Master Plan (“Construction Documents ”). The Construction Documents shall be consistent with the Standards as well as all local codes and regulations. The Construction Documents shall be approved by the CITY, and any and all departments having review and approval authority over the Construction Documents, no later than twelve (12) months following submission of the Construction Documents. The twelve-month period may be extended for an additional six (6) months by the mutual agreement of City Manager, OWNER and DEVELOPER. CITY shall have thirty (30) calendar days to provide detailed, written and complete comments to DEVELOPER's initial submittal and any subsequent submittals of revised plans.
5. Construction Timeline. DEVELOPER will commence grading of the Parks concurrent with the Project grading. Upon CITY approval of DEVELOPER ’s Construction Documents, DEVELOPER will commence construction of the Improvements within ninety (90) days and provide written notice, email to suffice, to the CITY evidencing the same (“Commencement Notice”). All Improvements shall be Comp leted (as defined below) no later than eighteen (18) months following the date of the Commencement Notice, unless the completion date is extended by the City Manager or a Force Majeure Event (as defined below). Such eighteen- month (18-month) period shall include the plant establishment period. Time is of the essence in this Agreement. Upon completion, DEVELOPER shall furnish CITY with a complete and reproducible set of final as-built plans, AutoCAD copies of the Construction Documents for the Park Improvements, including any City au thorized modifications, and all product and manufactures warranties as identified in the Construction Documents. For the purpose of this Section 5, “Completed” shall mean all required plants have been planted, a p unch list has been drafted, all irrigation has been installed, and all signage and Improvements are substantially complete.
In the event that DEVELOPER is unable to complete the Park Improvements prior to the time specified herein, the CITY shall take all actions necessary to collect on furnished bonds and/or at the CITY's option, the CITY shall complete the work and the DEVELOPER shall be subject to the Total Park Improvement Fee, as defined in Section 11.
Notwithstanding anything to the contrary herein , any deadline set forth in this Agreement shall be subject to extension on a day-for-day basis due to delays caused by an act of god, war, riot or terrorism, epidemic, pandemic, governmental order, cyberattack, or any other condition, event
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5 or circumstance beyond the reasonable control or foreseeability of DEVELOPER or CITY (collectively, a “Force Majeure Event”).
6. Acceptance of Work. Upon written notice of completion of the Park Improvements, inclusive of a one hundred and twenty (120) day plant establishment maintenance period, and delivery of a set of final as-built plans and copies of Construction Documents to CITY by DEVELOPER, the CITY shall examine the Park Improvements within five (5) calendar days of such notice. The public shall not be permitted access to the Park Improvements during construction of the Park Improvements, including the plant establishment maintenance period. If the Park Improvements are found to be in accordance with said plans and specifications and this Agreement, CITY shall recommend acceptance of the work to the City Engineer, and, upon such acceptance, shall notify OWNER and DEVELOPER or each if their designated agents of such acceptance. CITY shall only accept the Park Improvements at 100% completion. At the time of acceptance, CITY shall take over all maintenance responsibilities of the parkland and Park Improvements.
7. Inspection of the Work. DEVELOPER shall guarantee free access to CITY through the City Manager's designated representative for th e safe and convenient inspection of the work throughout its construction. Said City representative shall have the authority to reject all materials and workmanship that is not in accordance with the plans and specifications, and all such materials and or work shall be removed promptly by DEVELOPER and replaced to the satisfaction of CITY without any expense to CI TY in strict accordance with the improvement plans and specifications. The CITY representative will also attend all project progress meetings during the course of construction. DEVELOPER shall submit any plan changes before and during construction to the City Manager's designated representative for approval. Construction shall not begin on any plan changes until they are approved pursuant to Section 8 of this Agreement. Any plan changes requested or required by CITY or any agent of CITY, including without limitation the CITY designated inspector, shall be a Force Majeure Event.
8. Change Orders. DEVELOPER shall submit a written request for approval of any change orders to the CITY at least ten (10) business days prior to proceeding with any change order. DEVELOPER shall not issue any change orders on such construction contract without first obtaining CITY's written consent. DEVELOPER acknowledges the failure to obtain such written consent from the CITY will result in DEVELOPE R's sole responsibility to pay for such change orders without reimbursement credit from the CITY, provided CITY has responded to the written request for approval within the ten (10) day peri od. In the event CITY fails to respond to the Change Order request within such ten (10) day period, CITY’s failure to respond shall be a Force Majeure Event.
9. Payments. CITY and DEVELOPER ac knowledge that CITY and DEVELOPER incur various costs during park development beyond construction document preparation and improvement construction. Such costs include but are not limited to City staff review and construction management charges, consultant construction assistance (environmental, inspection, engineering), storm water pollution prevention, ut ility connection fees, utility bills (electric and water, prior to acceptance of Park Improvements), surety premiums, City inspections, permits and
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6 fees, design/drafting fees, fencing, maintenance and miscellaneous costs such as photocopying and printing. DEVELOPER shall be responsible fo r all payments associated with the Park Improvements, including all design and construction costs. This includes but is not limited to, consultant design work, contractors work, electric and water bills (prior to acceptance of Park Improvements), storm water pollution prevention, consultant construction assistance, City inspections, permits and fees. DEVELOPER sh all provide to CITY a monthly accounting summary outlining project costs to date. DEVEL OPER will include copies of invoices paid.
DEVELOPER will provide copies of cancelled checks if requested by CITY. All payments described in this Section 9 shall be credited towards the Total Park Improvement Fee and any payments in excess of the Total Park Improvement Fee shall be reimbursed by CITY to OWNER subject to Section 14.
10. Work Performance and Guarantee. Except as otherwise expressly provided in this Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER guarantees all work executed by DEVELOPER and/or DEVELOPER’s agents, and all supplies, materials and devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivere d to CITY as a part of the work pursuant to the Agreement, to be free of all defects of workmanship and materials for a period of one (1) year after final acceptance of the entire work by CITY. All manufactured products specified for the site shall have extended warranties as available from th e companies that supply the products. All such warranties shall be transferred to the CITY prior to final acceptance of the Park Improvements.
These warranties shall cover both the replacement of parts and the labor necessary to have the equipment in proper working order. These products include, but are not limited to: play equipment, site furnishings and mechanical equipment. DEVEL OPER shall repair or replace any or all such work or material, together with all or any other work or materials which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one (1) year guarantee period without expense or char ge of any nature whatsoever to CITY.
DEVELOPER further covenants and agrees that when defects in design, workmanship and materials actually appear during the applicable gu arantee period, and have been corrected, the guarantee period for such corrected items shall automatically be extended for an additional year to ensure that such defects have actually been corr ected. In the event the DEVELOPER shall fail to comply with the conditions of the foregoing guaran tee within fifteen (15) days' time, after being notified of the defect in writing, then such cure period may be extended per discretion of CITY for such time as is reasonably necessary so long as DEVELOPER has commenced such cure within the initial fifteen (15) day time period and diligently pursue such cure to completion), CITY shall have the right, but shall not be obligated, to re pair or obtain the repair of the defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect, and DEVELOPER shall pay to CITY upon written demand all costs and expense of such repair. The foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs, which may be required as determined in the sole discretion and judgment of CITY. If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or performs the necessary work as provided herein,
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7 DEVELOPER shall pay, in addition to actual costs and expenses of such repair or work, fifty percent (50%) of such costs and expenses for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for such work or repairs.
11. Cost of Park Improvements. The estima ted cost of constructing the Park Improvements for the Parks shall be Nine Mi llion Eight Hundred Fourteen Thousand Three Hundred and Twenty-One and 00/100 Dollars ($9,814,321.00) (“Estimated Cost”). The total cost of the Park Improvement Impact Fees shall e qual Four Million Nine Hundred Thirty-Two Thousand Seven Hundred and One and 00/100 Dollars ($4,932,701.00) (“Total Park Improvement Fee”) and the fee credit maximum pursuant to this Agreement shall equal Four Million Eight Hundred Eighty-One Thousa nd Six Hundred Twenty and 00/100 Dollars ($4,881,620.00). Pursuant to the Public Facilities Fee Program, in the event that the cost of constructing the Park Improvements for the Parks exceeds the Total Park Improvement Fee, CITY shall reimburse OWNER pursuant to Section 14 below. Notwithstanding the foregoing, DEVELOPER shall provide a cost estimate for the City Engineer's approval in conjunction with submittal of the Construction Documents. The a pproved cost estimate shall be used to, if necessary, increase the amount of the security required by Section 12. The Project shall be constructed on a prevailing wage scale as required by the State of California. Notwithstanding the foregoing to the contrary, in no event shall DEVELOPER’s aggregate out-of-pocket obligation for constructing the Park Improvements for the Parks exceed the Total Park Improvement Fee.
12. Security Furnished. Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with the following security in a form satisfactory to the City Attorney. If necessary DEVELOPER shall replace the initial security provided with security that reflects any increase in the Estimated Cost pursuant to Section 11. DEVELOPER shall also furnish a ten percent (10%) bond for the one (1) year warranty. For the avoidance of doubt, CITY shall be solely responsible for maintenance of the Parks during the one (1) year warranty period and DEVELOPER shall be responsible only for replacing damaged plants within the Parks upon written request of the CITY, but in no event more than twice, during the one (1) year warranty period. DEVELOPER’s responsibility to replace damaged plants shall expire upon termination of the one (1) year warranty period.
a) Faithful Performance . Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred percent (100%) of the estimate set forth in Section 11 and sufficient to assure CITY that the Park Improvements will be satisfactorily completed (the “Faithful Performance Bond”). A separate Faithful Performance Bond shall be posted for each park and released upon substantial completion of the Park Improvements to that park.
b) Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one-hundred percent (100%) of the estimate set forth in Section 11 and sufficient to assure CITY that DEVELOPER's contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall be paid therefore.
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8 c) CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any instrument or deposit required herein and the release thereof shall conform with the provisions of Chapter 5 of the Subdivision Map Act.
13. Fee Credit. Upon DEVELOPER ’s posting security for the completion of the Park Improvements under the terms of this Agreement, OWNER and DEVELOPER shall be deemed to have satisfied its obligations to contribute to Park Improvements under the Park Impact Fees for five hundred seventy-three (573) residential units or the number of units equivalent to the portion of the 11.0 acres covered by the security, not to exceed Eight Hundred Ninety-Two Thousand Two Hundred Eleven and 00/100 Dollars ($892,211.00) per acre, including soft costs. Upon dedication of the Park Improvements and recordation of a final map for the Project, OWNER and DEVELOPER shall be deemed to have satisfied its obligations under the Land Impact Fees. All Park Impact Fee credits and Land Impact Fee credits hereunder shall belong to OWNER.
14. Credit for Excess Costs. Pursuant to the Public Facilities Fee Program and City of Dublin Municipal Code Section 7.78.040, CITY shall reimburse OWNER in the form of reimbursement credit, to the extent that actual construction, design, and related costs, as approved by CITY, total more than the Total Park Improvement Fee; provided, however, that in no event shall CITY be required to reimburse OWNER in an amount greater than Four Million Eight Hundred Eighty-One Thousand Six Hundred Twenty and 00/100 Dollars ($4,881,620.00). Within ten (10) business days of DEVELOPER ’s written notice to CITY that its costs exceed the Total Park Improvement Fee, CITY, OWNER and DEVELOPER shall enter into a Public Facilities Fee Credit/Reimbursement Agreement substantially in the form attached hereto as Exhibit B.
15. Obligations Arising from Agreement. Neither the General Fund, nor any other fund or monies of CITY, except the Public Facilities Fee Neighborhood Park Improvement Fund or similar park improvements funds or accounts, shall be utilized for payment of any obligations arising from this Agreement. Neither the credit nor the taxing power of CITY is pledged for the payment of any obligations arising from the Agreement. OWNER and DEVELOPER’s obligations arising from this Agreement are not a debt of CITY, or a legal or equitable pledge, charge, lien or encumbrance upon any of its property, or upon any of its income, receipts or revenues.
16. Building Permit. CITY acknowledges and agrees that upon the Effective Date, DEVELOPER is entitled to all building permits necessary for developing the Property.
17. Liability.
a) DEVELOPER Primarily Liable . DEVELOPER hereby warrants that the design and construction of the Improvements will not adversely affect any portion of adjacent properties and that all work will be performed in accordance with the professional standards prevailing in the industry for similarly situated improvement projects in the City of Dublin.
DEVELOPER agrees to indemnify, defend with counsel acceptable to CITY, and hold harmless CITY, its officers, officials, employees, agents, and volunteers, from and against any and all loss, claims, suits, liabilities, actions, damages, or causes of action (collectively “Liability”) directly
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9 arising from the negligence or willful misconduc t of DEVELOPER, its employees, agents, or independent contractors in connection with DEVELOPER ’s actions and obligations hereunder, except such Liabilities caused by the sole negligence or willful misconduct of the CITY; provided as follows:
1) That CITY does not, and shall not, waive any rights against DEVELOPER which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by CITY, or the deposit with CITY by DEVELOPER, of any of the insurance policies described in Paragraph 18 hereof.
2) That the aforesaid hold harmless agreement by DEVELOPER shall apply to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the negligence or willful misconduct of DEVELOPER, regardless of whether or not CITY has prepared, supplied, or approved of plans and/or specifications for the subdivision.
3) Design Defect. If, in the opinion of the CITY, a design defect in the work of improvement becomes apparent during the course of construction, or within one (1) year (except for those manufactured products where extended warranties have been provided, in which case the extended warranty period shall apply) following acceptance by the CITY of the Park Improvements, and said design defect, in the opi nion of the CITY, may substantially impair the public health and safety, DEVELOPER shall, upon order by the CITY, correct said design defect at his sole cost and expense, and the sureties under the Faithful Performance and Labor and Materials Bonds shall be liable to the CITY for the corrective work required.
4) Litigation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. If CITY is the prevailing party, CITY shall also be entitled to recover its attorney's fees and costs in any action against DEVELOPER's surety on the bonds provided under paragraph 11.
18. Insurance Required. Concurrently with the execution hereof, DEVELOPER shall obtain or cause to be obtained and filed with the CITY, all insurance required under this paragraph, and such insurance shall have been approved by the Risk Manager of CITY, or his designee, as to form, amount and carrier. Prior to the commencement of work under this Agreement, DEVELOPER's general contractor shall obtain or cause to be obtained and filed with the Risk Manager, all insurance required under this paragraph, and such insurance shall have been approved by the Risk Manager of CITY, as to form, amount and carrier. DEVELOPER shall not allow any contractor or subcontractor to commence work on this contract or subcontract until all insurance required for DEVELOPER and DEVELOPER's general contractor shall have been so obtained and approved. Said insurance shall be maintained in full force and effect until the completion of work under this Agreement and the final acceptance thereof by CITY. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier.
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10 A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (“occurrence” form CG 0001.)
2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 “any auto” and endorsement CA 0025.
3) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance.
B. Minimum Limits of Insurance . DEVELOPER shall maintain limits no less than:
1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the gene ral aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.
3) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor C ode of the State of California and Employers Liability limits of $1,000,000 per accident.
C. Deductibles and Self-Insurance Retentions . Any deductibles or self- insured retentions must be declared to and approved by the CITY. At the option of the CITY, DEVELOPER shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions:
1) General Liability and Automobile Liability Coverages.
a) The CITY, its officers, agents, officials, employees and volunteers shall be named as additional insureds in respect to: liability arising out of activities performed by or on behalf of the DEVELOPE R; products and completed operations of the DEVELOPER; premises owned, occupied or used by the DEVELOPER; or automobiles owned, leased, hired or borrowed by the DEVELOPER.
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11 The coverage shall contain no special limitations on the scope of the protection afforded to the CITY, its officers, officials, employees, consultants or volunteers.
(b) The DEVELOPER's insurance coverage shall be primary insurance in respect to the CITY, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the DEVELOPER's insurance and shall not contribute with it.
(c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
(d) The DEVELOPER's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
2) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by the DEVELOPER for the CITY.
3) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY.
a) Acceptability of Insurers. Insurance is to be placed with insurers with a A.M. Bests' rating of no less than A:VII.
b) Verification of Coverage. DEVELOPER shall furnish CITY with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for eac h insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
c) Subcontractors. DEVELOPER and/or DEVELOPER's
general contractor shall include all subcontractor s as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
19. Assignment of Agreement. This Agreement shall not be assigned by OWNER or DEVELOPER without the written consent of CITY, which shall not be unreasonably withheld.
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12 20. DEVELOPER Not an Agent. Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of DEVELOPER's obligations under this Agreement.
21. Abandonment of Work. If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extension thereof, or fails to obtain completion of said work within such time, or if DEVELOPER should be adjudged as bankrupt, or should make a general assignment for the benefit of DEVELOPER's creditors, or if a receiver should be appointed, or if DEVELOPER, or any of DEVELOPER's contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement, the CITY through its Public Works Director may serve written notice on DEVELOPER, OWNER and DEVELOPER's surety or holder of other security of DEVELOPER ’s breach of this Agreement, or of any portion, thereof, and default of DEVELOPER. In the event of any such notice of breach of this Agreement, DEVELOPER's surety shall have the duty to take ove r and complete the Improvements herein specified; provided however that OWNER shall have the right of first option (but not the obligation) to take over and complete the Improvements and shall notify any surety and the City of the same within thirty (30) days of its exercise of such option; provided further that if OWNER does not take over the construction of the Improvements within thirty (30) days and the surety, within sixty (60) days after the serving upon it of such notice of breach, does not give CITY written notice of its intention to take over the performance of the contract, and does not commence performance thereof within thirty (30) days after notice to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of DEVELOPER and DEVELOPER ’s surety shall be liable to CITY for the lesser of (i) any damages incurred by CITY arising directly from DEVELOPER ’s abandonment of the work, or (ii) reasonable and documented excess costs occasioned by CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, ap pliances, plant and other property belonging to DEVELOPER as may be on the site of the work and necessary therefor.
22. Notices. All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid.
Notices required to be given to CITY shall be addressed as follows:
City Manager
City of Dublin
100 Civic Plaza
Dublin, California 94568
Notices required to be given to OWNER shall be addressed as follows:
Arroyo Cap IV-3, LLC
Attn: Jeffrey Brouelette
18575 Jamboree Road, Suite 350
Irvine, CA 92612
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13 Notices required to be given to DEVELOPER shall be addressed as follows:
TH East Ranch Dublin LLC
Attn: Tony Bosowski
3001 Bishop Dr. #100
San Ramon, CA 94583
With a copy to: TH East Ranch Dublin LLC
Attn: Legal Department
3001 Bishop Dr. #100
San Ramon, CA 94583
And a copy to: Jackson Tidus
Attn: Sonia A. Lister, Esq.
2030 Main Street, 12 th Floor
Irvine, CA 92614
Any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address.
23. Use of Improvements. At all times prior to the final acceptance of the work by CITY, the use of any or all Improvements within the work to be performed under this Agreement shall be at the sole and exclusive risk of DEVELOPER.
24. Safety Devices. DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary to prevent a ccidents to the public and damage to the property.
DEVELOPER shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the DEVELOPER, and the entire site left clean and orderly.
25. Attorneys' Fees and Venue. In any action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees. Any action arising out of this Agreement shall be brought in Alameda County, California regardless of where else venue may lie.
26. Recitals. The foregoing Recitals are true and correct and are made a part hereof.
27. Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged
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14 shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
28. Counterparts. This Agreement may be exec uted in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
[Signatures on following page]
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15 IN WITNESS WHEREOF , the CITY, OWNER and DEVELOPER have executed this Agreement, the day and year first above written.
CITY OF DUBLIN
a Municipal Corporation
Dated: _____________________ By: ________________________ Name: Linda Smith
Title: City Manager
ATTEST:
By:________________________
Name: Marsha Moore, City Clerk
Approved as to form
By:_________________________
Name: __________________, City Attorney
OWNER:
ARROYO CAP IV-3, LLC,
a Delaware limited liability company
By:
Arroyo Cap IV-2, LLC,
a Delaware limited liability company
its sole member
By: Arroyo Capital IV, LLC,
a Delaware limited liability company
its sole member
By:________________________ ____
Name: ___ ______________________
Title: ____________ _____________
Dated: ___________________
DEVELOPER:
TH EAST RANCH DUBLIN LLC,
a California limited liability company
By: ______________________________
Name: ___________________________
Title: ____________________________
Dated: ___________________
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EXHIBIT A
Legal Description of the Property
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EXHIBIT B
FORM OF PUBLIC FACILITIES FEE CREDIT/REIMBURSEMENT AGREEMENT
[See Attached]
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PUBLIC FACILITIES FEE
CREDIT / REIMBURSEMENT AGREEMENT
BETWEEN CITY OF DUBLIN AND
This PUBLIC FACILITIES FEE CREDIT/REIMBURSEMENT AGREEMENT (“Credit/Reimbursement Agreement”) is entered into by and among the City of Dublin (“City”), TH EAST RANCH DUBLIN LLC, a California limited liability company (“ Developer”), and ARROYO CAP IV-3, LLC, a Delaware limited liability company (“Owner”) this ____________, 20____ pursuant to the Consolidated Impact Fee Administrative Guidelines adopted by the City Council by Resolution No. 144-21.
RECITALS
A. City, Owner and Developer entered into that certain Improvement Agreement for North and South Neighborhood Park Sites within the East Ranch Development dated __________, 20____ (the “ Park Improvement Agreement ”) pursuant to which Developer agreed to design and develop two neighborhood parks totaling 11.0-acres and to dedicate the same to the City.
Initially capitalized terms used a nd not defined herein shall have the meanings ascribed to such terms in the Park Improvement Agreement.
B. Pursuant to the Public Facilities Fee Program and City of Dublin Municipal Code Section 7.78.040, the City is required to reimburse Owner in the form of reimbursement credit, to the extent that actual construction, design, and related costs (“Improvement Costs”), as approved by City, total more than the Total Park Improvement Fee, provided City, Developer and Owner enter into a written reimbursement agreement.
C. Developer has paid an administrative fee of ________________ ($________) to cover the administrative costs associated with establishing and monitoring this Credit/Reimbursement Agreement.
D. The City has received the security required by Section 12 of the Park Improvement Agreement.
E. Developer’s Improvement Costs total more than the Total Park Improvement Fee and City, Developer and Owner now desire to enter into this Credit/Reimbursement Agreement to distribute Credit (as defined below) to Owner on the terms and provisions set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of th e foregoing, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City, Developer and Owner hereby agree as follows:
1. By virtue of having dedicated 11.0 acres to the City, Owner is entitled to a credit in an amount of _____________________ ($________________) (the “ Credit”) to be used against the following component of the Public Facilities Fee: Neighborhood Parks, Improvements; Community Nature Parks, Improvements; and Community Parks, Improvements.
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2. The Credit may be used for a period of five (5) years following the date of this Credit/Reimbursement Agreement. Thereafter, beginning on ________________, 20 ___ the Credit, if unused, may convert to a right of reimbu rsement, at the election of the Owner. In the event that Owner elects to convert the Credit to a right of reimbursement, Owner shall provide City written notice and City shall reimburse Owner within thirty (30) days of Owner’s written notice. In the alternative, at the end of the fi ve (5) year credit period, Owner may request that credits be extended and held in perpetuity and not convert to a right to reimbursement.
3. Neither the Credit nor the right to reimbursement will be increased for inflation or will accrue interest.
4. With prior written approval of the City Manager, not to be unreasonably withheld, Owner may transfer the amount of unused Credit to any person or firm having a legal interest in real property within the area subject to the Public Facilities Fee, provided an administrative transfer fee, not to exceed __________________ ($_____________) is paid to City and a written transfer agreement is executed.
5. Developer and Owner at test that they have read and understand the City’s Administrative Guidelines.
All other aspects of the Credit or right to reimbursement which are not specified in this Credit/Reimbursement Agreement shall be as provided in the City’s Administrative Guidelines (Resolution No. 144-21, including any amendments thereto).
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF , the City and Developer have executed this Credit/Reimbursement Agreement, the day and year first above written.
CITY OF DUBLIN
a Municipal Corporation
Dated: _____________________ By: ________________________ Name: Linda Smith
Title: City Manager
ATTEST:
By:________________________
Name: Marsha Moore, City Clerk
Approved as to form
By:_________________________
Name: John Bakker, City Attorney
OWNER:
ARROYO CAP IV
-3, LLC,
a Delaware limited liability company
By:
Arroyo Cap IV-2, LLC,
a Delaware limited liability company
its sole member
By: Arroyo Capital IV, LLC,
a Delaware limited liability company
its sole member
By:________________________ ____
Name: ___ ______________________
Title: ____________ _____________
Dated: ___________________
DEVELOPER:
TH EAST RANCH DUBLIN LLC,
a California limited liability company
By: ______________________________
Name: ___________________________
Title: ____________________________
Dated: ___________________
504
STAFF REPORT
CITY COUNCIL
Agenda Item 5.8
DATE: June 25, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Annual Street Resurfacing Project (2024 Concrete/Signals/Overlay) and Persimmon Drive Pedestrian Rehabilitation Project CIP Nos. ST0117 and PK0123 - Approval of Plans and Specifications, Waive a Minor Bid Irregularity, and Award of Contract to O’Grady Paving, Inc.
Prepared by: Michael Boitnott, Capital Improvement Program Manager EXECUTIVE SUMMARY:
The City Council will consider approving the plans and specifications, waiving a minor bid irregularity, and awarding a construction contract to O’Grady Paving, Inc. for the Annual Street Resurfacing Project (2024 Concrete/Signals/Overlay) and the Persimmon Drive Pedestrian Rehabilitation Project. The combined project will remove and replace existing concrete curb ramps, resurface a segment of Dublin Boulevard and John Monego Court, and rehabilitate the existing Persimmon Drive pedestrian path.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Plans and Specifications, Waiving a Minor Bid Irregularity, and Awarding a Contract to O’Grady Paving, Inc. for the Annual Street Resurfacing Project (2024 Concrete/Signals/Overlay) and the Persimmon Drive Pedestrian Rehabilitation Project, CIP Nos.
ST0117 and PK0123.
FINANCIAL IMPACT:
The bid submitted by O’Grady Paving, Inc. is $1,944,413.50. Staff recommends a construction contingency of $200,000 (approximately 10%) to facilitate change orders for unforeseen construction issues, bringing the total potential construction cost to $2,144,413.50. Sufficient funds are available in the approved budgets for CIP Nos. ST0117 and PK0123. The respective share of the construction agreement cost is $1,863,633.50 for ST0117 and $80,750.00 for PK0123. 505
DESCRIPTION:
The 2022-2027 Capital Improvement Program Update (CIP) includes the Annual Street Resurfacing Project, CIP No. ST0117, and the Persimmon Drive Pedestrian Rehabilitation Project, CIP No. PK0123, (Attachment 2). The Annual Street Resurfacing Project provides for various types of pavement improvements from asphalt overlay to major rehabilitation of roadways. The construction will include crack seal, base repairs, asphalt concrete overlay, and pavement delineation along a portion of Dublin Boulevard, from Myrtle Drive to just east of John Monego Court, and along John Monego Court, as shown on the Location Map (Attachment 3). The project also includes upgrades to curb ramps at the intersections within the limits of overlay to comply with the Americans with Disabilities Act (ADA) and Public Right-of-Way Accessibility Guidelines (PROWAG) requirements.
This project also provides for the rehabilitation of the Persimmon Drive pedestrian pathway along Tassajara Creek and will include overlaying a portion of the existing pathway with asphalt concrete and removing and replacing other portions of the existing pathway with new pavement.
Bid Process and Results
The City of Dublin issued a bid package for the Annual Street Resurfacing Project and the Persimmon Drive Pedestrian Rehabilitation Project on April 18, 2024. The bid package consisted of 51 base bid items. Two sealed bids were received on May 21, 2024, with the base bids ranging from $1,452,655.40 to $1,944,413.50. The low bid in the amount of $1,452,655.40 was submitted by Radius Earthwork, Inc. A summary of the bids is provided as Attachment 4.
A review of Radius Earthwork, Inc.’s bid package identified that there were items missing or were not included with the package. These include not affixing the corporate seal to the bid proposal, failing to properly acknowledge in the bid documents one of the two addendums that were issued for the project, and not signing the Certificate of Insurance form. Additionally, Radius Earthwork, Inc. indicated in the statement of Bidder Qualifications that they had not completed the minimum number of projects required in the project bid documents. Specifically, the Notice Inviting Bids and Bidder’s Questionnaire stipulated that bid proposals submitted by general contractors who have not completed 10 qualifying projects within the past five years shall be deemed non- responsive and therefore rejected. In response to a question on section P-19, Bidder’s Questionnaire, Radius Earthwork, Inc. indicated that they have not completed 10 qualifying projects within the past five years. As such, Radius Earthwork, Inc. was deemed non-responsive.
The second low bid amount of $1,944,413.50 submitted by O’Grady Paving, Inc. contained three minor bid irregularities in that they did not correctly calculate the unit extension prices of bid items 19 and 25, and the summation of the unit price extensions was incorrect, resulting in a reduction of the total bid amount by $500. The Public Contract Code and the City’s bid documents define this inconsistency as a “minor bid irregularity,” and authorize the City to “waive” these irregularities and proceed with the award of the contract.
To facilitate the approval of contract change orders and avoid construction delays, it is requested that the City Manager or designee be authorized to approve change orders up to the contingency 506
amount of $200,000. The resolution will authorize this change as it relates to the project. Staff expects work to begin in late July 2024 and be complete in late 2024.
Community Workforce Agreement
On January 11, 2022, the City Council approved a Community Workforce Agreement (CWA) with the Building and Construction Trades Council of Alameda County and its Affiliated Local Unions.
The CWA is applicable to public works projects valued at over $1,000,000, ensures that there are no labor issues related to said projects, and bolsters local efforts to connect residents with careers in the building and construction trades. The CWA includes a Local Hire Goal where 20% of all hours on a project are worked by Local Residents, which are defined as individuals that reside within Alameda County or within a 15-mile radius of City limits. The CWA also requires contractors to hire one new apprentice for the first $1,000,000 of construction costs, and an additional new apprentice for every $5,000,000 construction costs, based on the engineer’s estimate. Apprentices must work a minimum of 10% of the total craft’s work hours, but the CWA allows that apprentices may be deployed to another project to ensure the minimum number of hours are met.
Staff worked with a consultant, Workforce Integrity and Training Solutions, to prepare bid documents and solicit bids for the for the Annual Street Resurfacing (2024 Concrete / Signals / Overlay) and Persimmon Drive Pedestrian Rehabilitation Project that comply with the provisions of the CWA. The provisions include the requirement that responsive bidders include an executed Agreement to be Bound to and by the CWA, and that all subcontractors of the successful bidder also execute the Agreement to be Bound within 14 days after Notice of Award.
California Environmental Quality Act (CEQA)
This project is exempt under Section 15301 (Existing Facilities) of the CEQA Guidelines.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A courtesy copy of this report was sent to O’Grady Paving, Inc. and Alameda County Transportation Commission’s Independent Watchdog Committee. The City Council Agenda was posted.
507
ATTACHMENTS:
1) Resolution Approving the Plans and Specifications, Waiving a Minor Bid Irregularity, and Awarding a Contract to O’ Grady Paving, Inc. for the Annual Street Resurfacing Project (2024 Concrete/Signals/Overlay) and the Persimmon Drive Pedestrian Rehabilitation Project, CIP Nos. ST0117 and PK0123
2) CIP Nos. ST0117 and PK0123
3) 2024 Concrete/Signals/Overlay and Persimmon Drive Pedestrian Rehabilitation Project Location Map
4) Bid Results
508
Attachment 1
Reso. No. XX-24, Item 5.8, Adopted 06/25/2024 Page 1 of 2 RESOLUTION NO. XX - 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE PLANS AND SPECIFICATIONS, WAIVING A MINOR BID IRREGULARITY, AND AWARDING A CONTRACT TO O’GRADY PAVING, INC. FOR THE ANNUAL STREET RESURFACING PROJECT (2024 CONCRETE / SIGNALS / OVERLAY), AND THE PERSIMMON DRIVE PEDESTRIAN REHABILITATION PROJECT, CIP NOS.
ST0117 AND PK0123
WHEREAS, the design team has completed the plans and specifications for the Annual Street Resurfacing Project (2024 Concrete / Signals / Overlay) and the Persimmon Drive Pedestrian Rehabilitation Project, CIP Nos. ST0117 and PK0123, (Project) which includes the removal and replacement of existing concrete curb ramps, resurfacing a segment of Dublin Boulevard, between Myrtle Drive and just east of John Monego Court, and John Monego Court, and rehabilitate the existing Persimmon Drive pedestrian path; and WHEREAS, the City of Dublin did, on May 21, 2024, publicly open, examine, and declare all sealed bids for doing the work described in the approved plans and specifications for the Project, which plans and specifications are hereby expressly referred to for a description of said work and for all particulars relative to the proceedings under the request for bids; and WHEREAS, the low bid from Radius Earthwork, Inc. is non-responsive due to items missing or not included with the bid package, and failure to meet the specific experience requirements of completing ten projects for a City, County, or State of California within the last five years; and WHEREAS, the bid submitted by O’Grady Paving, Inc. contained three minor bid irregularities that did not correctly calculate the unit extension price of bid items 19 and 25, and the summation of the unit price extensions was incorrect; and WHEREAS, the Public Contract Code and the City’s bid documents authorize the City to waive any minor irregularity and proceed with the award of the contract; and WHEREAS, said bids were submitted to City Staff and O’Grady Paving, Inc. was determined to be the lowest, responsive, and responsible bidder for doing said work.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Plans and Specifications for the Project.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby waive the minor bid irregularities in the proposal submitted by O’Grady Paving, Inc.
BE IT FURTHER RESOLVEDthat the City Council of the City of Dublin does hereby award the Contract for the Project to the lowest, responsive, and responsible bidder, O’Grady Paving, Inc., at a base bid amount of $1,944,413.50 the particulars of which bids are on file in the Office of the Public Works Director.
509
Reso. No. XX-24, Item 5.8, Adopted 06/25/2024 Page 2 of 2 BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or designee to approve the Project contract change orders based on the appropriated funds designated for the Project up to the contingency amount of $200,000.
BE IT FURTHER RESOLVED that the City Manager or designee is authorized to execute the Construction Agreement for the Project with O’Grady Paving, Inc. and make any necessary, non-substantive changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 25th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
510
Number ST0117 Program STREETS
PRIOR
YEARS
2022-2023
BUDGET 2023-2024 2024-2025 2025-2026 2026-2027
FUTURE
YEARS TOTALS
9100 $142,884 $48,991 $35,360 $35,360 $35,360 $35,360 $333,315 9200 $1,484,397 $684,947 $340,000 $340,000 $360,000 $360,000 $3,569,344 9400 $7,796,520 $3,023,727 $1,917,401 $1,917,401 $2,170,601 $2,170,601 $18,996,251 9500 $9,022 $40,169 $7,120 $7,120 $8,000 $8,000 $79,431 $9,432,823 $3,797,834 $2,299,881 $2,299,881 $2,573,961 $2,573,961 $22,978,341 PRIOR
YEARS
2022-2023
BUDGET 2023-2024 2024-2025 2025-2026 2026-2027
FUTURE
YEARS TOTALS
1001 $467,999 $467,999
2201 $3,456,188 $1,232,833 $600,920 $725,920 $800,000 $800,000 $7,615,861 2204 $1,484,999 $300,000 $1,784,999
2205 $300,000 $300,000
2214 $1,806,020 $450,000 $575,000 $450,000 $650,000 $650,000 $4,581,020 Measure BB Sales Tax - Local
Streets Fund
Measure B Sales Tax - Bike &
Pedestrian Fund
General Fund
ANNUAL STREET RESURFACING
ESTIMATED COSTS
Measure B Sales Tax - Local Streets
Fund
Salaries & Benefits
FUNDING SOURCE
Contract Services
Improvements
Miscellaneous
TOTAL
State Gas Tax
2022-2027 CAPITAL IMPROVEMENT PROGRAM
PROJECT DESCRIPTION
This project provides for the design and construction of a variety of pavement resurfacing treatments, from slurry seal to major rehabilitation and reconstruction of streets and resurfacing of bridge decks. The project also includes installation of new or upgrades of existing ADA curb ramps on roads that are reconstructed or receive an asphalt concrete overlay. Streets are selected for improvements based on the City's Pavement Management System to optimize the pavement condition in relation to available budget. The City owns and maintains approximately 148 centerline miles of streets.
The Metropolitan Transportation Commission groups Pavement Condition Index (PCI) ratings into the following categories: 80-100 Very Good-Excellent; 70-79 Good, 60-69 Fair, 50-59 At Risk, 25-49 Poor, and 0-24 Failed. The City of Dublin is rated very good with a three-year moving average PCI of 82.
This annual Resurfacing Program is primarily funded by Alameda County Transportation Commission Measure B/BB funds, SB-1, and Gas Tax. This program protects the substantial investment the City has in the public street system.
ANNUAL OPERATING IMPACT: None
MANAGING DEPARTMENT: Public Works
Attachment 2
511
PRIOR
YEARS
2022-2023
BUDGET 2023-2024 2024-2025 2025-2026 2026-2027
FUTURE
YEARS TOTALSFUNDING SOURCE
2215 $304,500 $304,500
2216 $82,500 $82,500
2220 $1,374,977 $1,764,661 $1,123,961 $1,123,961 $1,123,961 $1,123,961 $7,635,482 2304 $155,640 $4,360 $160,000
4309 $45,980 $45,980
$9,432,823 $3,797,834 $2,299,881 $2,299,881 $2,573,961 $2,573,961 $22,978,341
ANNUAL OPERATING IMPACT
TOTAL
Road Maint. & Rehab. Account
(RMRA)
Mitigation Contributions
Measure BB Sales Tax - Bike &
Pedestrian Fund
Measure B Grants
Local Recycling Programs
512
Number PK0123 Program PARKS
PRIOR
YEARS
2022-2023
BUDGET 2023-2024 2024-2025 2025-2026 2026-2027
FUTURE
YEARS TOTALS
9100 $15,080 $15,080
9200 $29,920 $29,920
9400 $150,000 $150,000
$195,000 $195,000
PRIOR
YEARS
2022-2023
BUDGET 2023-2024 2024-2025 2025-2026 2026-2027
FUTURE
YEARS TOTALS
2704 $195,000 $195,000
$195,000 $195,000
ANNUAL OPERATING IMPACT
2022-2027 CAPITAL IMPROVEMENT PROGRAM
PERSIMMON DRIVE PEDESTRIAN PATH REHABILITATION
TOTAL
ESTIMATED COSTS
FUNDING SOURCE
TOTAL
Landscape District Santa
Rita 1997-1
Salaries & Benefits
Contract Services
Improvements
PROJECT DESCRIPTIONThis project will provide for removal and replacement of approximately 1,250 linear feet of asphalt pathway along Persimmon Drive between Gleason Drive and Central Parkway. The asphalt concrete surface has experienced distress due to soil expansion, the encroachment of tree roots, and some slope creep along the adjacent Tassajara Creek bank. ANNUAL OPERATING IMPACT: NoneMANAGING DEPARTMENT: Public Works 513
CITY OF DUBLIN
ANNUAL STREET RESURFACING
"2024 CONCRETE, SIGNAL, AND OVERLAY"
Project No. ST0117 AND PERSIMMON DR. PEDESTRIAN REHABILITATION Project No. PK0123
VICINITY MAP
SCALE: NTS
DUBLIN BL
TASSAJARA RD
PERSI
MMON
DR
SUMMER GLEN DR
HAC
IEN
DA
DR
GLEASON DR
MYRT
LE
DR
CENTRAL PW
TOYOTA
DR
JOH
N
MON
EGO
CT
580
N
PROJECT SITE
PROJECT SITE
Persimmon Pedestrian Path
Attachment 3
514
Annual Street Resurfacing "2024 Concrete / Signals / Overlay" and "Persimmon Dr. Pedestrian Rehabilitation Project".
ST0117 and PK0123
Bid Date:
BASE BID
ITEM DESCRIPTION Qty. UNIT Unit Cost Extension Unit Cost Extension 1 1 LS
$140,000.00 $140,000.00 $150,000.00 $150,000.00
2 1 LS
$16,800.00 $16,800.00 $5,000.00 $5,000.00
3 1 LS
$130,000.00 $130,000.00 $350,000.00 $350,000.00
4 1 LS
$13,440.00 $13,440.00 $10,000.00 $10,000.00
5 1 LS
$3,360.00 $3,360.00 $15,000.00 $15,000.00
6 1 LS
$3,360.00 $3,360.00 $2,000.00 $2,000.00
7 4 EA
$1,400.00 $5,600.00 $1,500.00 $6,000.00
8 29 EA
$560.00 $16,240.00 $1,000.00 $29,000.00
9 8 EA
$1,008.00 $8,064.00 $1,000.00 $8,000.00
10 1 EA
$1,344.00 $1,344.00 $1,500.00 $1,500.00
11 9 EA
$1,680.00 $15,120.00 $1,500.00 $13,500.00
12 5 EA
$616.00 $3,080.00 $700.00 $3,500.00
13 2 EA
$682.50 $1,365.00 $1,000.00 $2,000.00
14 22 EA
$1,207.50 $26,565.00 $1,400.00 $30,800.00
15 1 EA
$1,312.50 $1,312.50 $1,500.00 $1,500.00
Adjust Storm Manhole Frame and Cover (City)
Adjust Sanitary Sewer Manhole Frame and Cover (DSRSD)
Demolish Existing Handhole
Remove Handhole/Replace with Pull Box
Replace Vehicle Detector Loops
Bicycle Detector Loops
Adjust Recycled Water Valve to Grade (DSRSD)
5/21/2024 - 2:00 PM
Radius Earthwork INC. O'Grady Paving, Inc.
Mobilization (Not to Exceed 10% of total base bid)
Mobilization (Tassajara Trail only)
Traffic Control and Construction Area Signs (Not to Exceed 10% of total base bid)
Traffic Control and Construction Area Signs (Tassajara Trail Only) Water Pollution Control
Water Pollution Control (Tassajara Trail Only)
Adjust Traffic Signal Pull Boxes to Grade
Adjust Water Valve to Grade (DSRSD)
Project No. :
CITY OF DUBLIN
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
BID SUMMARY
Project Name:
Attachment 4
515
BASE BID
ITEM DESCRIPTION Qty. UNIT Unit Cost Extension Unit Cost Extension Radius Earthwork INC. O'Grady Paving, Inc.
16 3 EA $5,775.00 $17,325.00 $10,000.00 $30,000.00
17 8 EA $824.25 $6,594.00 $2,000.00 $16,000.00
18 35,000 SF $1.78 $62,300.00 $1.50 $52,500.00
19 11,433 SF $3.36 $38,414.88 $2.50 $28,582.50*
20 3,246 SF $10.33 $33,531.18 $12.00 $38,952.00
21 1 LS $29,610.00 $29,610.00 $45,000.00 $45,000.00
22 1 LS $2,100.00 $2,100.00 $3,000.00 $3,000.00
23 61,637 SF $1.70 $104,782.90 $2.00 $123,274.00
24 2,700 TON $132.48 $357,696.00 $200.00 $540,000.00
25 190 TON $226.48 $43,031.20 $225.00 $42,750.00*
26 72 TON $406.12 $29,240.64 $250.00 $18,000.00
27 1 EA $10,080.00 $10,080.00 $10,000.00 $10,000.00
28 1 EA $8,960.00 $8,960.00 $9,000.00 $9,000.00
29 1 EA $8,960.00 $8,960.00 $9,000.00 $9,000.00
30 1 EA $8,960.00 $8,960.00 $9,000.00 $9,000.00
31 1 EA $8,960.00 $8,960.00 $9,000.00 $9,000.00
32 1 EA $8,960.00 $8,960.00 $9,000.00 $9,000.00
33 1 EA $10,080.00 $10,080.00 $10,000.00 $10,000.00
34 1 EA $10,080.00 $10,080.00 $10,000.00 $10,000.00
35 1 EA $11,200.00 $11,200.00 $10,000.00 $10,000.00
36 1 EA $11,200.00 $11,200.00 $10,000.00 $10,000.00
Curb Ramp 4B
Curb Ramp 5A and 5B
Curb Ramp 6A and 6B
Curb Ramp 4A
Rubberized Asphalt Crack Sealing (Tassajara Trail Only) Paving Mat (GlasGrid 8511) (John Monego Court)
2" Hot Mix Asphalt Overlay (1/2" Type A)
1-1/2" to 3" Hot Mix Asphalt Overlay (1/2" Type A) (Tassajara Trail Only) 2" Hot Mix Asphalt Base Lift (3/4" Type A) (Tassajara Trail Only) Curb Ramp 1A
Curb Ramp 1B
Curb Ramp 2A
Curb Ramp 2B
Curb Ramp 3A
Curb Ramp 3B
Rubberized Asphalt Crack Sealing
Install City-Furnished Video Detection System
Replace Pedestrian Push Button with Accessible Pedestrian Signal Wedge Grind
Transverse Grind
Digout Repair (3" mill and fill)
BASE BID
ITEM DESCRIPTION Qty. UNIT Unit Cost Extension Unit Cost Extension Radius Earthwork INC. O'Grady Paving, Inc.
37 3,178 SF $44.80 $142,374.40 $50.00 $158,900.00
38 7 LF $56.00 $392.00 $60.00 $420.00
39 35 LF $56.00 $1,960.00 $60.00 $2,100.00
40 100 SF $33.60 $3,360.00 $40.00 $4,000.00
41 14 EA $26.25 $367.50 $30.00 $420.00
42 6,250 LF $1.89 $11,812.50 $2.00 $12,500.00
43 1,500 LF $7.35 $11,025.00 $6.00 $9,000.00
44 700 LF $3.15 $2,205.00 $4.00 $2,800.00
45 5,500 LF $2.10 $11,550.00 $3.00 $16,500.00
46 1,500 LF $2.10 $3,150.00 $3.00 $4,500.00
47 1,400 LF $4.73 $6,622.00 $6.00 $8,400.00
48 50 EA $26.25 $1,312.50 $30.00 $1,500.00
49 560 SF $21.00 $11,760.00 $30.00 $16,800.00
50 644 SF $14.70 $9,466.80 $20.00 $12,880.00
51 2,189 SF $12.60 $27,581.40 $15.00 $32,835.00
TOTAL $1,452,655.40 $1,944,413.50**
* Mathematical error "unit cost extension"
** Mathematical error "summation of bid items"
LOWEST RESPONSIVE BIDDER
Traffic Stripes (Detail 39A - Thermoplastic)
6" White Diagonal (Thermoplastic)
Reflective Pavement Markers
Pavement Markings (Green Thermoplastic)
Pavement Markings (Arrows, Symbols, and Words - Thermoplastic) Pavement Markings (Various Crosswalk and Limit Line)
Traffic Stripes (Detail 39 - Thermoplastic)
Remove and Replace Concrete Sidewalk (John Monego Court & e/o Tassajara Creek)
Remove and Replace Concrete Curb & Gutter (e/o Tassajara Creek) Remove and Replace Median Curb (John Monego Court)
Reconstruct Median Island (John Monego Court)
Replace and/or Install Two-way Blue Fire Hydrant Marker Traffic Stripes (Detail 9 - Thermoplastic)
Traffic Stripes (Detail 31 - Thermoplastic)
Traffic Stripes (Detail 38A - Thermoplastic)
STAFF REPORT
CITY COUNCIL
Agenda Item 5.9
DATE: June 25, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Agreement for On-Call Vehicle Maintenance and Repair Services with Parkway Body Shop
Prepared by: Raelyn Miranda , Administrative Aide
EXECUTIVE SUMMARY:
The City Council will consider approving the agreement for on-call vehicle maintenance and repair services with Parkway Body Shop.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Agreement for On-Call Vehicle Maintenance and Repair Services with Parkway Body Shop.
FINANCIAL IMPACT:
The cost of these services will be covered by the adopted budget for Dublin Police Services.
DESCRIPTION:
Dublin Police Services has a current three-year agreement with Parkway Body Shop providing vehicle maintenance and repairs of emergency vehicles on an as-needed basis for a not-to-exceed amount of $150,000. The current agreement will expire on June 30, 2024.
Based on the amount the City has spent during the current contract term and folding in known labor increases, Staff proposes to engage Parkway Boday Shop in a new three-year agreement with a not-to-exceed amount of $60,000.
While purchases above $45,000 require City Council approval, the City can waive the competitive bidding process per Municipal Code Section 2.36.100 (4): “When a contract or purchase involves goods of a technical nature, where it would be difficult for a vendor to bid on a standard set of specifications, and the Purchasing Agent undertakes a thorough review of known products and a comparison of features which would most closely meet the city’s needs at the lowest cost.” Staff has deemed this vendor as a sole-source provider, as the maintenance and repair of emergency 518
equipment is technical in nature and requires consistency with safety standards.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving an Agreement for On-Call Vehicle Maintenance and Repair Services with Parkway Body Shop
2) Exhibit A to the Resolution – Contractor Services Agreement Between the City of Dublin and Parkway Body Shop
519
Attachment 1
Reso. No. XX-24 Item 5.9, Adopted 06/25/2024 Page 1 of 2 RESOLUTION NO. XX – 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT FOR ON-CALL VEHICLE MAINTENANCE AND REPAIR
SERVICES WITH PARKWAY BODY SHOP
WHEREAS, Dublin Police Services utilizes vehicles and equipment in the normal course of business that requires maintenance and repair on an as-needed basis; and WHEREAS, the City desires to renew current agreements with Parkway Body Shop for a not-to-exceed amount of $60,000 over a three-year term for on-call vehicle maintenance and repair services beginning July 1, 2024 through June 30, 2027; and WHEREAS, the City’s Municipal Code Section 2.36.100 (4) provides an exception to competitive bidding, “When a contract or purchase involves goods of a technical nature, where it would be difficult for a vendor to bid on a standard set of specifications, and the Purchasing Agent undertakes a thorough review of known products and a comparison of features which would most closely meet the city’s needs at the lowest cost”; and
WHEREAS, the City has deemed Parkway Body Shop a sole-source vendor as the maintenance and repair of emergency is technical in nature and requires consistency with safety standards.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby waive the competitive bidding process and approve the Agreement with Parkway Body Shop attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement and make any necessary, non-substantive changes to carry out the intent of this Resolution.
{Signatures on the following page}
520
Reso. No. XX-24 Item 5.9, Adopted 06/25/2024 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 25th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
521
Services Agreement between July 1, 2024
City of Dublin and Parkway Body Shop Page 1 of 15
CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
PARKWAY BODY SHOP
THIS AGREEMENT for vehicle maintenance and repair services is made by and between the City Parkway Body Shop
as of July 1, 2024
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2027, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services right to terminate the Agreement, as
referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month-to-month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City terminate the Agreement as provided for in Section 8.
1.2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that the City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Contractor
1.5 [Intentionally deleted].
1.6 [Intentionally deleted].
Attachment 2
522
Services Agreement between July 1, 2024
City of Dublin and Parkway Body Shop Page 2 of 15
Section 2. COMPENSATION. City hereby agrees to pay Contractor as per the compensation schedule in Exhibit B, notwithstanding any contrary indications that may be contained in Contractor proposal, for services to be performed and reimbursable costs incurred under this Agreement for a not to exceed amount of $60,000. In the event of a conflict between this Agreement and Contractor attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein.
The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein.
Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person.
Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor
including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the following:
o Daily logs of total hours worked by each individual performing work under this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment
o A brief description of the work, and each reimbursable expense The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder;
Signature;
Attachment 2
523
Services Agreement between July 1, 2024
City of Dublin and Parkway Body Shop Page 3 of 15
Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of Contractor reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 [Intentionally deleted].
2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
2.10 [Intentionally Deleted] .
Attachment 2
524
Services Agreement between July 1, 2024
City of Dublin and Parkway Body Shop Page 4 of 15
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein.
3.1 Safety Requirements. In accordance with generally accepted construction practices and state law, Contractor shall be solely and completely responsible for conditions on the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours.
Contractor shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. Contractor shall provide protection for all persons including, but not limited to, its employees and employees of its subcontractors; members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work.
The services of the City in conducting review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.
All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific attention to the United States Department of Labor Occupational Health and Safety Administration (OSHA) requirements. Contractor shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations.
Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground.
In addition to complying with all other safety regulations, Contractor shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request.
Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions.
CONTRACTOR IS ADVISED THAT C
Attachment 2
525
Services Agreement between July 1, 2024
City of Dublin and Parkway Body Shop Page 5 of 15
INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED
SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS.
Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by Contractor where needed for use of its employees and their use shall be strictly enforced. Contractor shall not use the City's existing sanitary facilities, unless previously authorized by the City.
Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given.
City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that Contra
Contractor shall bear all costs in connection with meeting the requirements of this section.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect.
VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 ation.
4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory persons employed directly or indirectly by Contractor. The Statuto not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self- insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator.
Attachment 2
526
Services Agreement between July 1, 2024
City of Dublin and Parkway Body Shop Page 6 of 15
of the City for all work performed by the Contractor, its employees, agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall submit the following:
a. Certificate of Insurance in the amounts specified
in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an . Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor.
Attachment 2
527
Services Agreement between July 1, 2024
City of Dublin and Parkway Body Shop Page 7 of 15
c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the nce coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section.
4.3 All Policies Requirements.
4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Contractor beginning work, the right to require complete copies of all required insurance policies at any time.
4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee Attachment 2
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satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4.3.4 Wasting Policies. No policy required by this Section 4 shall incl policy limit (i.e. limit that is eroded by the cost of defense).
4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except rior written notice has been provided to the City.
4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR . Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.
The Co
inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until Attachment 2
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disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first.
California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor further acknowledges that Contractor performs Services outside the usual course of customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
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7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, stat
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.
Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor.
Contractor may cancel this Agreement upon 30
include in such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement.
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8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor
personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or
8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor . All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Attachment 2
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Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.
9.2 Contractor
. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 . If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorn
that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
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10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor
codified at California Government Code Section 81000 et seq.
Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq.
Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous 12 months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor.
Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California.
10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.8 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
Any written notice to City shall be sent to:
Parkway Body Shop
Attn: Robert Stearns
7130 Village Pkwy
Dublin, CA 94568
City of Dublin
Attn: Police Services
6361 Clark Avenue
Dublin, CA 94568
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10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses
10.11 Counterparts and Electronic Signatures . This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.
10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Contractor Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN Parkway Body Shop
Linda Smith, City Manager Robert Stearns, Owner
Attest:
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
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EXHIBIT A
SCOPE OF SERVICES
Provide repair, maintenance and equipment installation services for emergency police vehicles.
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Parkway Body Shop
7130 Village Parkway
Dublin, CA. 94568
Bus: (925) 828-8558
Please consider our request for rate increases for the next term.
Body Labor $ 94.00
Paint Labor $ 94.00
Structural Labor $ 94.00
Frame $120.00
Mechanical $120.00
Glass $ 65.00
Paint(Material) $ 48.00
5% OEM Parts Discount
Hazardous Waste $ 5.00
Storage(inside/outside) $ 95.00 per day after 72 hours upon completion.
Panel Bonding $ 50.00
Seam Sealer $ 35.00
Tint Color .5 Body Hours
Corrosion Protection primer $10.00 / .1 per repaired panel Feather, Prime and Block $5.00 per hour not to exceed $45.00 Car Cover .2 Body Hours per vehicle
Mask jambs & Openings $10.00 / .4 Hrs per vehicle
Thank you for your consideration,
Ronald Stearns
General Manager – Parkway Body Shop
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Attachment 2
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STAFF REPORT
CITY COUNCIL
Agenda Item 5.10
DATE: June 25, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Green Stormwater Infrastructure Project, CIP Nos. ST0121 and ST0517 - Approval of Plans and Specifications and Award of Contract to Suulutaaq, Inc.
Prepared by: Laurie Sucgang, Assistant Public Works Director / City Engineer
EXECUTIVE SUMMARY:
The City Council will consider approving the plans and specifications and awarding a construction contract to Suulutaaq, Inc. for the Green Stormwater Infrastructure Project. This project will install a bioretention basin for stormwater treatment and hydromodification management, including storm drainpipes, inlets, landscaping in the basin, asphalt trail, seating, and interpretive signage. The project will also remove and replace the existing sidewalk with a wider sidewalk along Amador Valley Boulevard, from the Iron Horse Regional Trail intersection and Stagecoach Road, as well as improve curb ramps and median refuge at the trail crossing.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract to Suulutaaq, Inc. for the Green Stormwater Infrastructure Project, CIP Nos. ST0121 and ST0517.
FINANCIAL IMPACT:
The bid submitted by Suulutaaq, Inc. is $2,501,546. Staff recommends a construction contingency of $250,000 (about 10%) to facilitate change orders for unforeseen construction issues, bringing the total potential construction cost to $2,751,546. Sufficient funds are available in the approved budgets for CIP Nos. ST0121 and ST0517.
The bid includes two major components, Base Bid #1 Storm Drain and Bioretention Area, and Base Bid #2 Amador Valley Boulevard Improvements. Costs for Base Bid #1 are covered by CIP No. ST0121 Green Stormwater Infrastructure, which includes funding from a General Fund Designation as well as a reimbursement from Alameda County Transportation Commission (ACTC) in accordance with a cooperative agreement approved by the City Council on April 16, 2024 (Resolution 27-24). Per the agreement, ACTC will reimburse the City for 75% of the Base Bid 539
#1 construction costs. Costs for Base Bid #2 are covered by CIP No. ST0517, Citywide Bicycle and Pedestrian Improvements, which includes Transportation Development Act (TDA) Article 3 Pedestrian and Bicycle Project Funding and other transportation funding appropriated in the budget for CIP No. ST0517.
DESCRIPTION:
The 2022-2027 Capital Improvement Program (CIP) includes Green Stormwater Infrastructure, CIP No. ST0121, and Citywide Bicycle and Pedestrian Improvements, CIP No. ST0517.
Green Stormwater Infrastructure, CIP No. ST0121, provides for planning, design, and construction of various citywide projects that will improve water quality and provide other environmental benefits in accordance with the Green Stormwater Infrastructure Plan, which was approved by the City Council on June 18, 2019. One of the projects included in this CIP is the Green Stormwater Infrastructure – Iron Horse Trail, South of Amador Valley Boulevard project (GSI Project) to treat stormwater runoff from the adjacent neighborhoods prior to discharge into South San Ramon Creek and Alamo Creek. The GSI Project is being done in cooperation with Alameda County Transportation Commission (ACTC).
ACTC is the lead agency implementing their SR84 Expressway Widening and SR84/I-680 Interchange Improvements project, including the improvements to meet stormwater treatment and flow control requirements specified by the San Francisco Bay Regional Water Quality Control Board (RWQCB). Caltrans and the RWQCB have approved off-site stormwater flow control for the ACTC project. The City’s GSI Project has been modified to accommodate the requirements of the ACTC project by incorporating changes to increase the tributary area of impervious surface and incorporate flow control. In exchange for accommodating the ACTC project requirements, the additional project costs will be reimbursed by ACTC.
On February 7, 2023, the City Council approved a cooperative agreement with ACTC (Agreement No. A23-0012) for the preliminary engineering, environmental clearance and permitting, and final design. The agreement assigned responsibilities for each agency, including ACTC’s responsibility to fund 75% of the costs associated with the first phase of the project.
On April 16, 2024, the City Council approved a cooperative agreement with ACTC (Agreement No.
A24-0014) for the construction phase of the combined project, which includes construction capital, construction management, and inspection. The agreement assigned responsibilities for each agency, including ACTC’s responsibility to fund 75% of the costs for the construction phase of the project, which was estimated at $2,800,000. Staff will return to the City Council with subsequent agreements for the long-term operation and maintenance. 540
Citywide Bicycle and Pedestrian Improvements, CIP No. ST0517, provides for planning, design, and construction of various pedestrian and bicycle facilities throughout the City, including sidewalks and improvements related to the Americans with Disabilities Act (ADA). On June 4, 2024, the City Council approved a request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2024-25 Transportation Development Act Article 3 (TDA) Pedestrian/Bicycle Project Funding for two projects, one of which is the pedestrian improvements along Amador Valley Boulevard that will be constructed with this project. Additional funding for the pedestrian improvements is provided by various transportation funds allocated in the approved CIP No. ST0517.
The GSI Project will install a bioretention basin for stormwater treatment and hydromodification management, including storm drainpipes, inlets, landscaping in the basin, asphalt concrete trail, seating, and interpretive signage. The GSI Project will also remove the existing sidewalk and construct a wider sidewalk along Amador Valley Boulevard, from the Iron Horse Regional Trail intersection to Stagecoach Road, and will improve curb ramps and the median refuge at the trail crossing.
Bid Process and Results
The City of Dublin issued a bid package for the GSI Project on April 24, 2024. The bid package consisted of two required components, Base Bid #1 Storm Drain and Bioretention Area, and Base Bid #2 Amador Valley Boulevard Improvements. The required components together total 54 base bid items. An Additive Alternate component, consisting of two additive bid items, was also included in the bid package. The two additive-alternate items were for installation of empty conduit and pull boxes along Amador Valley Boulevard for potential future fiber optic communications for City use.
Two sealed bids were received on May 30, 2024, with the base bids ranging from $2,501,546.00 to $2,792,997.60, and additive alternate bids ranging from $210,236.00 to $242,104.00. The lowest base bid, which is the total of Base Bid #1 Storm Drain and Bioretention Area and Base Bid #2 Amador Valley Boulevard Improvements, of $2,501,546.00 was submitted by Suulutaaq, Inc. A summary of the bids is provided as Attachment 4.
Staff reviewed the bid results, checked references and necessary licenses, and recommends that the City Council award the construction contract to Suulutaaq, Inc. as the lowest responsive and responsible bidder. Staff is not recommending awarding the additive-alternate bid items because the low bid exceeds the engineer’s estimate by approximately 13%, there are no near-term plan to install fiber optic lines in this location, and there is no funding currently approved or allocated in the City’s operating or capital improvement plan budget for this work.
To facilitate the approval of contract change orders and avoid construction delays, it is requested that the City Manager be authorized to approve change orders up to the contingency amount of $250,000. The resolution will authorize this change as it relates to the project. If the construction contract is awarded to Suulutaaq, Inc., Staff expects work to begin in late July 2024 and complete in late 2024.
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Community Workforce Agreement
On January 11, 2022, the City Council approved a Community Workforce Agreement (CWA) with the Building and Construction Trades Council of Alameda County and its Affiliated Local Unions.
The CWA is applicable to public works projects valued at over $1,000,000, ensures that there are no labor issues related to said projects, and bolsters local efforts to connect residents with careers in the building and construction trades. The CWA includes a Local Hire Goal where 20% of all hours on a project are worked by Local Residents, which are defined as individuals that reside within Alameda County or within a 15-mile radius of City limits. The CWA also requires contractors to hire one new apprentice for the first $1,000,000 of construction costs, and an additional new apprentice for every $5,000,000 construction costs, based on the engineer’s estimate. Apprentices must work a minimum of 10% of the total craft’s work hours, but the CWA allows that apprentices may be deployed to another project to ensure the minimum number of hours are met.
Staff worked with a consultant, Workforce Integrity and Training Solutions, to prepare bid documents and solicit bids for the GSI Project that comply with the provisions of the CWA. The provisions include the requirement that responsive bidders include an executed Agreement to be Bound to and by the CWA, and that all subcontractors of the successful bidder also execute the Agreement to be Bound within 14 days after Notice of Award.
California Environmental Quality Act (CEQA)
This project is exempt under Section 15301 (Class 1, Existing Facilities), Section 15302 (Class 2, Replacement or Reconstruction), Section 15303 (Class 3, New Construction or Conversion of Small Structures), and Section 15304 (Class 4, Minor Alterations to Land).
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A courtesy copy of this report was sent to Suulutaaq, Inc. and Alameda County Transportation Commission’s Independent Watchdog Committee. The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving the Plans and Specifications and Awarding a Contract to Suulutaaq, Inc. for the Green Stormwater Infrastructure Project, CIP Nos. ST0121 and ST0517. 2) CIP Nos. ST0121 and ST0517
3) Location Map
4) Bid Results
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Attachment 1
Reso. No. XX-24, Item 5.10, Adopted 06/25/2024 Page 1 of 2 RESOLUTION NO. XX - 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE PLANS AND SPECIFICATIONS AND AWARDING A CONTRACT TO SUULUTAAQ, INC. FOR THE GREEN STORMWATER INFRASTRUCTURE PROJECT, CIP NOS. ST0121 AND ST0517
WHEREAS, the design team has completed the plans and specifications for the Green Stormwater Infrastructure Project, CIP Nos. ST0121 and ST0517, (Project), which includes the installation of a bioretention basin for stormwater treatment and hydromodification management, including storm drain pipes, inlets, landscaping in the basin, asphalt trail, seating, interpretive signage, removal and replacement of sidewalk, curb and gutter along Amador Valley Boulevard, curb ramp upgrade and crossing improvements at the intersection of the Iron Horse Regional Trail; and
WHEREAS, the City of Dublin did, on May 30, 2024, publicly open, examine, and declare all sealed bids for doing the work described in the approved plans and specifications for the Project, which plans and specifications are hereby expressly referred to for a description of said work and for all particulars relative to the proceedings under the request for bids; and WHEREAS, said bids were submitted to City Staff and Suulutaaq, Inc., was determined to be the lowest, responsive, and responsible bidder for doing said work.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Plans and Specifications for the Project.
BE IT FURTHER RESOLVEDthat the City Council of the City of Dublin does hereby award the Contract for the Project to the lowest, responsive, and responsible bidder, Suulutaaq, Inc., at a base bid amount of two-million five-hundred one thousand five-hundred forty-six dollars and zero cents ($2,501,546.00), the particulars of which bids are on file in the Office of the Public Works Director.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or designee to approve the Project contract change orders based on the appropriated funds designated for the Project up to the contingency amount of two-hundred fifty thousand dollars and zero cents ($250,000.00).
BE IT FURTHER RESOLVED that the City Manager or designee is authorized to execute the Construction Agreement for the Project with Suulutaaq, Inc. and make any necessary non- substantive changes to carry out the intent of this Resolution. {Signatures on the following page}
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Reso. No. XX-24, Item 5.10, Adopted 06/25/2024 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 25th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Number ST0121 Program STREETS
PRIOR
YEARS
2022-2023
BUDGET 2023-2024 2024-2025 2025-2026 2026-2027
FUTURE
YEARS T
OTALS
9100 $301 $96,039 $96,340
9200 $611,365 $235,688 $847,053
9400 $1,433,670 $900,000 $2,333,670
9500 $12,000 $12,000
$301 $2,153,074 $1,135,688 $3,289,063
PRIOR
YEARS
2022-2023
BUDGET 2023-2024 2024-2025 2025-2026 2026-2027
FUTURE
YEARS
T
OTALS
Salaries & Benefits
Contract Services
Improvements
GREEN STORMWATER INFRASTRUCTURE
Miscellaneous
ESTIMATED COSTS
FUNDING SOURCE
TOTAL
2022-2027 CAPITAL IMPROVEMENT PROGRAM
PROJECT DESCRIPTION
This project provides for the planning, design, and construction of various citywide projects that will improve water quality and provide other environmental benefits in accordance with the Green Stormwater Infrastructure (GSI) Plan, which was approved by the City Council on June 18, 2019. The GSI Plan and associated implementing projects, as well as trash load reduction requirements, are mandated by the Municipal Regional Stormwater Permit (MRP). Projects include: stormwater full trash capture device installation throughout the City, and construction of GSI along the Iron Horse Trail corridor, south of Amador Valley Boulevard. GSI planning and planning for the installation of trash capture devices began in FY2021-22. The installation of the trash capture devices is anticipated in FY2023-24.
Construction of GSI along the Iron Horse Trail corridor, south of Amador Valley Boulevard, is anticipated in 2024.
This project is funded by a General Fund Reserve set aside for this purpose. The City and Alameda CTC entered into a Cooperative Agreement on February 7, 2023 to partner on the design and environmental permitting phase for a bio-retention and hydromodification management facility along the Iron Horse Trail corridor, south of Amador Valley Boulevard, that satisfies a portion of the City's GSI requirement and Alameda CTC's project, SR84 Expressway Widening and SR84/I-680 Interchange Improvements. Alameda CTC's share of the costs is 75% of the total, which will be reimbursed to the City after expenditure. Both agencies will enter into a subsequent agreement for the construction phase.
The "Other" funding is from Alameda County Transportation Commission.
ANNUAL OPERATING IMPACT: To be determined. On-going operations and maintenance (O&M) expenditures for installed facilities are required, but may be equal to current maintenance expenditures, particularly for retrofit and replacement projects. For completely new projects, O&M costs are estimated at 1.3% of construction cost for parcel based GSI or regional stormwater controls, and 3.6% of construction costs for green street projects. Alameda CTC will enter into a long- term maintenance agreement with the City for the GSI along the Iron Horse Trail corridor, south of Amador Valley Boulevard, to account for the on-going maintenance costs of the portion of the facility that satisfies their project.
MANAGING DEPARTMENT: Public Works
Attachment 2
545
1101 $301 $2,153,074 $2,153,375
9997 $1,135,688 $1,135,688
$301 $2,153,074 $1,135,688 $3,289,063
ANNUAL OPERATING IMPACT
Other
TOTAL
General Fund
Designation
546
Number ST0517 Program STREETS
PRIOR
YEARS
2022-2023
BUDGET 2023-2024 2024-2025 2025-2026 2026-2027
FUTURE
YEARS TOTALS
9100 $66,995 $64,185 $30,160 $30,160 $191,500
9200 $659,402 $398,948 $222,350 $302,350 $1,583,050
9400 $1,636,757 $1,145,899 $390,988 $390,988 $3,564,632 9500 $768 $29,190 $9,730 $9,730 $49,418
$2,363,921 $1,638,223 $653,228 $733,228 $5,388,600
PRIOR
YEARS
2022-2023
BUDGET 2023-2024 2024-2025 2025-2026 2026-2027
FUTURE
YEARS TOTALS
1001 $387,008 $365,992 $105,000 $105,000 $963,000
2203 $192,683 $17,317 $210,000
2204 $509,900 $100 $510,000
2205 $142,900 $142,900
Transportation Development Act
Miscellaneous
TOTAL
General Fund
Measure B Sales Tax - Local Streets
Fund
FUNDING SOURCE
Measure B Sales Tax - Bike &
Pedestrian Fund
Contract Services
Improvements
CITYWIDE BICYCLE AND PEDESTRIAN IMPROVEMENTS
ESTIMATED COSTS
Salaries & Benefits
2022-2027 CAPITAL IMPROVEMENT PROGRAM
PROJECT DESCRIPTION
This project includes planning, design, and construction of improvements to various pedestrian and bicycle facilities throughout the City, including pedestrian/bicycle bridges. This project includes design and construction of improvements recommended in the Bicycle and Pedestrian Plan.
The project includes an update to the ADA Transition Plan. The plan update will include a review of City buildings, parks, and rights-of-way. The ADA Transition Plan update will be funded by General Fund. It is anticipated that the ADA Transition Plan update will be completed in 2023.
An update of the Bicycle and Pedestrian Plan was adopted by City Council on January 10, 2023.
ANNUAL OPERATING IMPACT: None
MANAGING DEPARTMENT: Public Works
547
PRIOR
YEARS
2022-2023
BUDGET 2023-2024 2024-2025 2025-2026 2026-2027
FUTURE
YEARS TOTALSFUNDING SOURCE
2214 $911,600 $280,000 $280,000 $280,000 $1,751,600
2215 $219,830 $113,814 $268,228 $348,228 $950,100
2212 $726,000 $726,000
2217 $135,000 $135,000
$2,363,921 $1,638,223 $653,228 $733,228 $5,388,600
ANNUAL OPERATING IMPACT
Measure BB Grants
TOTAL
Measure BB Sales Tax - Local Streets
Fund
Measure BB Sales Tax - Bike &
Pedestrian Fund
Vehicle Registration Fee
548
Attachment 3
CITY OF DUBLIN
Green Stormwater Infrastructure Project
CIP Nos. ST0121 and ST0517
549
Green Stormwater Infrastructure Project
ST0121
Bid Date:
BID # 1: BASE BID STORM DRAIN AND BIORETENTION AREA
ITEM DESCRIPTION Qty. UNIT Unit Cost Extension Unit Cost Extension 1 1 LS $165,074.00 $165,074.00 $42,951.00 $42,951.00
2 1 LS $60,940.00 $60,940.00 $34,787.00 $34,787.00
3 1 LS $23,761.00 $23,761.00 $12,499.00 $12,499.00
4 27,000 SF $1.00 $27,000.00 $1.65 $44,550.00
5 10 CY $227.00 $2,270.00 $1,519.00 $15,190.00
6 6,280 CY $102.00 $640,560.00 $101.07 $634,719.60*
7 600 CY $83.00 $49,800.00 $164.00 $98,400.00
8 650 CY $110.00 $71,500.00 $120.00 $78,000.00
9 100 SF $32.00 $3,200.00 $293.00 $29,300.00
10 3 EA $3,565.00 $10,695.00 $7,967.00 $23,901.00
11 25 LF $50.00 $1,250.00 $259.00 $6,475.00
12 50 LF $162.00 $8,100.00 $215.00 $10,750.00
13 25 LF $116.00 $2,900.00 $346.00 $8,650.00
14 26 LF $253.00 $6,578.00 $1,004.00 $26,104.00
15 215 LF $146.00 $31,390.00 $376.00 $80,840.00
16 10 LF $617.00 $6,170.00 $1,846.00 $18,460.00
17 535 LF $239.00 $127,865.00 $683.00 $365,405.00
18 4 EA $10,106.00 $40,424.00 $14,621.00 $58,484.00
19 5 EA $17,942.00 $89,710.00 $19,247.00 $96,235.00
20 1 EA $24,256.00 $24,256.00 $27,638.00 $27,638.00
21 3 EA $5,252.00 $15,756.00 $5,980.00 $17,940.00
22 10,500 SF $24.00 $252,000.00 $17.00 $178,500.00
23 1,200 SY $20.00 $24,000.00 $30.00 $36,000.00
24 414 EA $217.00 $89,838.00 $236.00 $97,704.00
25 1 LS $37,463.00 $37,463.00 $33,056.00 $33,056.00
26 1 LS $46,321.00 $46,321.00 $51,609.00 $51,609.00
CITY OF DUBLIN
ENGINEERING DIVISION
BID SUMMARY
May 30, 2024
24" Storm Drain Pipe. HDPE
12" Corrugated Metal Pipe
15" Storm Drain Pipe, RCP
Concrete Valley Gutter
Remove and Replace Chain Link Fence
Project Name:
Project No. :
PUBLIC WORKS DEPARTMENT
Remove Fence and Gate
Engineered Fill
Remove Tree and Root Ball
Remove Concrete Flatwork (Valley Gutter)
Traffic Control
Percolation Test Hole Overexcavation
Clearing, Grubbing, and Tree Protection
Storm Drain Inlet
30" Storm Drain Pipe, HDPE
Topsoil
Mobilization
Buhler Commercial
Storm Drain Manhole
Storm Drain Manhole Type III
Connect to Existing Storm Drain
Bioretention Area
Impermeable Subsurface Liner
Planting - Shrubs
Landscaping Maintenance
Irrigation System
Suulutaq, Inc.
Water Pullution Control Work
Excavation, Grading and Disposal at Bioretention Area
Attachment 4
550
BASE BID # 1 STORM DRAIN AND
BIORETENTION AREA TOTAL: $1,858,821.00 $2,128,147.60**
BID # 2: BASE BID AMADOR VALLEY BOULEVARD IMPROVEMENTS 27 1 LS $66,477.00 $66,477.00 $56,557.00 $56,557.00
28 1 LS $59,060.00 $59,060.00 $45,673.00 $45,673.00
29 1 LS $4,542.00 $4,542.00 $10,175.00 $10,175.00
30 5,500 SF $2.50 $13,750.00 $9.00 $49,500.00
31 6,000 SF $3.00 $18,000.00 $5.00 $30,000.00
32 1,000 SF $11.00 $11,000.00 $8.00 $8,000.00
33 5 EA $9,867.00 $49,335.00 $1,823.00 $9,115.00
34 265 LF $24.00 $6,360.00 $14.00 $3,710.00
35 4 EA $145.00 $580.00 $961.00 $3,844.00
36 6 EA $1,993.00 $11,958.00 $3,152.00 $18,912.00
37 4,010 SF $17.00 $68,170.00 $15.00 $60,150.00
38 460 SF $37.00 $17,020.00 $33.00 $15,180.00
39 185 SF $95.00 $17,575.00 $66.00 $12,210.00
40 650 LF $138.00 $89,700.00 $57.00 $37,050.00
41 140 TON $402.00 $56,280.00 $455.00 $63,700.00
42 240 TON $136.00 $32,640.00 $180.00 $43,200.00
43 40 TON $240.00 $9,600.00 $427.00 $17,080.00
44 45 LF $29.00 $1,305.00 $355.00 $15,975.00
45 300 LF $23.00 $6,900.00 $95.00 $28,500.00
46 2 EA $3,214.00 $6,428.00 $8,044.00 $16,088.00
47 1 EA $6,925.00 $6,925.00 $4,027.00 $4,027.00
48 1 EA $1,757.00 $1,757.00 $4,312.00 $4,312.00
49 3 EA $4,180.00 $12,540.00 $2,782.00 $8,346.00
50 1 LS $48,174.00 $48,174.00 $59,619.00 $59,619.00
51 1 LS $4,227.00 $4,227.00 $12,679.00 $12,679.00
52 1 EA $11,522.00 $11,522.00 $15,060.00 $15,060.00
53 300 LF $29.00 $8,700.00 $39.00 $11,700.00
54 4 EA $550.00 $2,200.00 $1,122.00 $4,488.00
BASE BID # 2 AMADOR VALLEY
BOULEVARD IMPROVEMENTS TOTAL: $642,725.00 $664,850.00
DETERMINATION OF LOW BID Suulutaq, Inc. Buhler Commercial $ 2,501,546.00 $2,792,997.60**BID 1 + BID 2 Concrete Curb and Gutter
Hot Mix Asphalt (3-inch)
Interpretive Sign
Remove and Reinstall Trash Receptacle
Remove and Install Bench
Traffic Loop Detectors-Vehicles
Class II AB
Class II AB Shoulder
Remove and Replace Chain Link Fence and Gate
Fence (Two-Rail Wood Fence)
Remove Tree and Root Ball
Remove Fence and Gate
Remove Sign
Adjusting Appurtenances
Traffic Control
Water Pullution Control Work
Clearing, Grubbing, and Tree Protection
Remove Concrete Flatwork
Remove Asphalt Flatwork
Roadside Sign
Mobilization
Concrete Sidewalk
Concrete Driveway
Concrete Pedestrian Ramp
Suulutaq, Inc. Buhler Commercial
Removable Bollard
Traffic Loop Detectors-Bicycles
Pedestrian Push Button
White Crosswalk Striping
551
ITEM Qty. UNIT Unit Cost Extension Unit Cost Extension
55 12 EA $3,648.00 $43,776.00 $4,322.00 $51,864.00
56 820 LF $203.00 $166,460.00 $232.00 $190,240.00
TOTAL ADDITIVE ALTERNATES $210,236.00 $242,104.00
* Mathematical error "unit cost extension"
** Mathematical error "summation of bid items"
Conduits, 6-2" HDPE
DESCRIPTION
Pull Boxes
ADDITIVE ALTERNATE A Suulutaq, Inc. Buhler Commercial
APPARENT LOW BIDDER
552
STAFF REPORT
CITY COUNCIL
Agenda Item 5.11
DATE: June 25, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Amendments to the Dublin Municipal Code to Add Chapter 4.50 (Sidewalk Vending) and Amend Section 5.100.090 (Merchandising, Advertising, and Signs – Prohibited Acts) (PLPA-2024-00049)
Prepared by: Gaspare Annibale, Associate Planner & Felicia Escover, Economic Development Manager
EXECUTIVE SUMMARY:
The Sidewalk Vendors Act (Senate Bill 946 or SB 946) decriminalized and limited local regulation of sidewalk vending. The legislation is intended to promote sidewalk vending as a legitimate economic activity and ensure that cities only adopt reasonable regulations related to objective health, safety, and welfare concerns. Staff has prepared an ordinance amending the Dublin Municipal Code to regulate sidewalk vendors in accordance with SB 946. This includes adding Chapter 4.50 (Sidewalk Vending) to Title 4 (Regulation of Businesses) to establish regulations for sidewalk vendors, and amending Section 5.100.090 (Merchandising, advertising and signs— Prohibited acts) to clarify that the City’s general restrictions on selling goods and services in City parks do not apply to sidewalk vendors. The City Council will consider waiving the first reading and introducing the ordinance amending the Dublin Municipal Code.
STAFF RECOMMENDATION:
Open the public hearing, deliberate, waive the reading, and INTRODUCE the Ordinance Approving Amendments to the Dublin Municipal Code to add Chapter 4.50 (Sidewalk Vending) to Title 4 (Regulation of Businesses), and Amend Section 5.100.090 (Merchandising, Advertising and Signs—Prohibited Acts).
FINANCIAL IMPACT:
The Master Fee Schedule will be updated, under a separate item, to include a proposed fee for Sidewalk Vending Permits.
553
DESCRIPTION:
Background
Senate Bill 946 (SB 946) Sidewalk Vendors decriminalized and limited local regulation of sidewalk vending. The legislation expressly preempts any city regulations other than the time, place, and manner in which sidewalk vending can occur, and ensures that cities only adopt reasonable regulations related to objective health, safety, and welfare concerns. The legislation also prohibits any enforcement other than administrative fines, imposes strict caps on those fines, and requires cities to develop an administrative process for vendors in violation to have their fines reduced to reflect their ability to pay.
Under State law, a sidewalk vendor is a person who sells “food or merchandise” from any “non- motorized conveyance” upon “a public sidewalk or other pedestrian path.” Sidewalk vendors can be stationary or mobile. Sidewalk vending does not, however, include food trucks or other persons selling their wares from motor vehicles or on private property.
Cities have a range of defensible regulations that can be adopted within the legislation’s limits such as requiring a Sidewalk Vending Permit. The legislation permits a range of reasonable regulations, including restrictions on hours of operations, location and zone restrictions, tax registration, and compliance with disability access standards. Cities can also require county health permits for food vendors; however, they cannot regulate on the grounds of public animus or concerns for economic competition. The legislation is intended to promote sidewalk vending as a legitimate economic activity and ensure that cities only adopt reasonable regulations related to objective health, safety, and welfare concerns.
The proposed sidewalk vending ordinance establishes minimum requirements for sidewalk vendors to protect pedestrians and customers as it relates to health, safety, or welfare concerns. In developing the ordinance, Staff looked at sidewalk vending ordinances other Tri-Valley cities have adopted, such as the Pleasanton and Danville, and referenced similar regulations where appropriate.
Staff has also prepared companion amendments to Dublin Municipal Code (DMC) Section
5.100.090 (Merchandising, advertising and signs—Prohibited acts) to clarify these regulations do not apply to sidewalk vendors.
Analysis
Proposed Addition of Dublin Municipal Code Chapter 4.50 (Sidewalk Vending) The proposed amendments to the DMC would add Chapter 4.50 (Sidewalk Vending) to Title 4 (Regulation of Businesses) to establish objective standards and regulations that directly relate to health, safety, and welfare, which comply with SB 946. The regulations include the following requirements:
Permitting.
o All sidewalk vendors would be required to apply for and obtain a Sidewalk Vending Permit from Dublin Police Services. To obtain a permit, an Applicant would be 554
required to provide:
Contact information,
A detailed description of the food/merchandise to be sold, Area of operation,
Anticipated hours of operation,
Whether the vendor would be roaming or stationary,
Form of state-issued identification card,
A valid Mobile Food Facility Permit issued by the County, Proof of a business license,
An agreement to indemnify the City,
Proof of comprehensive general liability insurance,
Confirmation of compliance with the regulations,
Livescan and fingerprint information, and
Sidewalk Vending Permit fee.
o All sidewalk vendors would be required to display their city-issued Sidewalk Vending Permit on their non-motorized conveyance when in operation. Operating Requirements.
o All sidewalk vendors would be required to comply with the operating requirements of the ordinance including:
Maintaining sidewalk accessibility,
Preventing distractions related to loud noise and displaying certain visual content, and
Maintaining sanitary conditions to protect public health. o Any equipment used for sidewalk vending purposes would not be allowed to be left or maintained in public spaces or public rights-of-way from 8:00 p.m. to 9:00 a.m. in commercial areas and 6:00 p.m. to 9:00 a.m. in residential areas. o To prevent unintended rolling or slipping, sidewalk vendors would be prohibited from operating non-motorized conveyances on public rights-of-way with slopes greater than five percent.
o In residential areas, roaming sidewalk vendors can operate between the hours of 9:00 a.m. and 6:00 p.m.
o Restrictions on physical location are contained in Section 4.20.160 of the ordinance to protect pedestrian and vehicular safety and accommodate public street access including parking, traffic, and emergency road access. These regulations are designed to ensure that sidewalks are not blocked, that access to parking and buildings are not obstructed and that safety concerns on the adjoining roads are not created.
o Stationary sidewalk vendors are prohibited from operating in areas that are exclusively residential.
o Stationary sidewalk vendors are prohibited from operating in a City park if the City has entered into an exclusive agreement for the sale of food or merchandise by one 555
or more concessionaires for that park. If the City has not entered into an agreement, then vending within City parks is allowed only on or alongside sidewalks or other paved or marked pedestrian pathways where sidewalk accessibility is maintained.
Vendors must comply with park hours and not approach persons to sell food or merchandise.
Proposed Amendments to Dublin Municipal Code Section 5.100.090 Amendments are proposed to DMC Section 5.100.090 (Merchandising, advertising and signs— Prohibited acts) to ensure compliance with SB 946 and to ensure internal consistency within the DMC. The proposed amendments to this Section clarify that the City's general restrictions on selling goods and services in City parks do not apply to Sidewalk Vendors. Attachment 2 provides the changes in redline format where underlined text is proposed to be added language to be added, and text with a strikethrough is proposed to be deleted.
ENVIRONMENTAL DETERMINATION:
The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures, require that certain projects be reviewed for environmental impacts and environmental documents be prepared. The City Council will consider finding the proposed ordinance and amendments to the Dublin Municipal Code exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments will not have a significant effect on the environment and are not subject to CEQA review.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a public notice was published in the East Bay Times ten days prior to the hearing and posted at several locations throughout the City. The City Council Agenda was posted.
ATTACHMENTS:
1) Ordinance Approving Amendments to the Dublin Municipal Code to add Chapter 4.50 (Sidewalk Vending) to Title 4 (Regulation of Businesses), and Amend Section 5.100.090 (Merchandising, Advertising and Signs—Prohibited Acts)
2) Dublin Municipal Code – Redlined Pages
556
Attachment 1
Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 1 of 10 ORDINANCE NO. XX – 24
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO THE DUBLIN MUNICIPAL CODE TO ADD CHAPTER 4.50 (SIDEWALK VENDING) TO TITLE 4 (REGULATION OF BUSINESSES), AND AMEND SECTION 5.100.090 (MERCHANDISING, ADVERTISING AND SIGNS – PROHIBITED ACTS) (PLPA-2024-00049)
The Dublin City Council does ordain as follows:
SECTION 1. RECITALS
A. The City occasionally initiates amendments to the Dublin Municipal Code (DMC) to clarify, add, or amend certain provisions to ensure that the DMC remains current with federal and state law, internally consistent, simple to understand and implement, and relevant to changes occurring in the community.
B. On September 17, 2018, the Governor approved Senate Bill 946 (SB 946), which decriminalized and limited local regulation of sidewalk vending.
C. SB 946 is intended to promote sidewalk vending as a legitimate economic activity and ensure that cities only adopt reasonable time, place, and manner regulations related to objective health, safety, and welfare concerns.
D. SB 946 only applies to sidewalk vending in public rights-of-way; private rights-of-way are still subject to private and local regulations.
E. The City has initiated amendments to the DMC to establish regulations for sidewalk vendors in accordance with the provisions of SB 946. It addresses objective health, safety, and welfare concerns that arise from the use of public right-of-way for vending.
F. The proposed ordinance would add Chapter 4.50 (Sidewalk Vending) to Title 4 (Regulation of Businesses) and would require that all sidewalk vendors comply with the operating requirements of the ordinance in which reasonable time, place, and manner regulations have been established related to objective health, safety, and welfare concerns. The regulations are designed to ensure accessibility standards are maintained; the safety of customers, pedestrians, cyclists, and motorists is prioritized; and the proper health and sanitary conditions are upheld.
G. The proposed ordinance would also amend Section 5.100.090 (Merchandising, advertising and signs—Prohibited acts) to clarify that the City's general restrictions on selling goods and services in City parks do not apply to sidewalk vendors.
H. A Staff Report was submitted to the Dublin City Council recommending approval of the amendments to the DMC.
I. Proper notice of said ordinance was given in all respects as required by law. 557
Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 2 of 10 J. The City Council did hear and consider all said reports, recommendations, and testimony herein above set forth and used its independent judgment to evaluate the project.
SECTION 2. FINDINGS
The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The City Council will consider finding the proposed ordinance and amendments to the Dublin Municipal Code exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments will not have a significant effect on the environment and are not subject to CEQA review.
SECTION 3. ADDITION OF CHAPTER 4.50
Chapter 4.50 is added to Title 4 (Regulation of Businesses) of the Dublin Municipal Code and is to read and be numbered as follows:
Chapter 4.50
SIDEWALK VENDING
Sections:
Article I. General Provisions
4.50.010 Purpose—Authority.
4.50.020 Definitions.
4.50.030 Owner responsibility.
4.50.040 Violations—Penalty.
4.50.050 Ability to pay determination.
Article II. Permit Procedure
4.50.060 Permit—Required.
4.50.070 Application procedure and requirements.
4.50.080 Amendments to permit.
4.50.090 City sidewalk vending permit fee required.
4.50.100 Permit—Issuance or denial.
4.50.110 Permit—Grounds for denial.
4.50.120 Permit—Display requirements.
4.50.130 Revocation or suspension—Reasons.
4.50.135 Notification of revocation.
4.50.140 Appeal procedure.
Article III. Operating Requirements.
4.50.150 Requirements—Sidewalk vending.
4.50.160 Prohibited locations.
4.50.170 Sidewalk vending in parks.
558
Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 3 of 10 Article I. General Provisions
4.50.010 Purpose - Authority.
The purpose of this Chapter is to establish regulations for sidewalk vendors in accordance with the provisions of SB 946. It aims to address objective health, safety, and welfare concerns that arise from the use of public right-of-way for vending. These concerns include ensuring accessibility standards; prioritizing the safety of pedestrians, cyclists, and motorists; as well as maintaining proper health and sanitary conditions.
4.50.020 Definitions.
Unless the provision or context otherwise requires, the definitions contained herein shall govern the construction of this Chapter.
“Applicant” means any person who applies for a permit as required by this Chapter. “Certified Farmers’ Market” means a farmers market operating in accordance with California Food and Agricultural Code 47004 et seq. in a location approved by the City of Dublin. “City Sidewalk Vendor Permit” means a permit issued to a sidewalk vendor by the Permit Administrator in accordance with this Chapter.
"Operator" refers to any individual responsible for the management and operation of a sidewalk vending enterprise.
"Owner" encompasses the following individuals or entities:
The sole proprietor of a sole proprietorship engaged in sidewalk vending.
Any general partner affiliated with a general or limited partnership that holds ownership of the sidewalk vending business.
Any person possessing a ten percent or greater ownership stake in a corporation that possesses the sidewalk vending enterprise.
Any individual who is a member of a limited liability company (LLC) that has ownership rights in the sidewalk vending business.
All proprietors or stakeholders of any other type of business association that possesses ownership rights in the sidewalk vending business.
The principal business proprietor or entity that grants authorization for vendor operations within the business.
“Permit Administrator” means the Chief of Police or his/her designee. “Permittee” refers to any person operating or maintaining a sidewalk vending business. “Right-of-Way” refers to all public streets, sidewalks, pedestrian paths, landscape areas, and easements, now and hereafter owned by the City.
“Roaming Sidewalk Vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
559
Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 4 of 10 “Sidewalk Vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path. “Special Event” means an event sponsored or approved by the City involving the exclusive use of a City street or property including, but not limited to an encroachment permit or special event permit.
“Stationary Sidewalk Vendor” means a sidewalk vendor who vends from a fixed location.
4.50.030 Owner responsibility.
For the purpose of enforcing the requirements of this Chapter, the owner of the sidewalk vending enterprise shall be responsible for the conduct of all employees, independent contractors, or other representatives while such persons are providing services on behalf of the business. The owner of the sidewalk vending enterprise must submit information on his or her operations, including if the sidewalk vendor is an agent of an individual, company, partnership, or corporation and the name and business address of the principal to the Permit Administrator during the permit application process. The Permit Administrator may discipline an owner or operator of the sidewalk vending business for the conduct of all individuals operating on behalf of the business.
4.50.040 Violation - Penalty.
A. Every person vending without a sidewalk vending permit may be subject to an administrative violation punishable by an administrative fine not to exceed:
1.Two hundred fifty dollars ($250) for a first violation.
2. Five hundred dollars ($500) for a second violation within one year of the first violation.
3. One thousand dollars ($1,000) for each additional violation within one year of the first violation.
The Permit Administrator may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.
Upon proof of a valid permit, the administrative fines set forth in Section A shall be reduced to the administrative fines set forth in Section B, respectively.
B. Every person violating the provisions of this Chapter, except as identified in Section
4.50.040.A, is guilty of an administrative violation punishable by an administrative fine not to exceed:
1. One hundred dollars ($100) for a first violation.
2. Two hundred dollars ($200) for a second violation within one year of the first violation.
3. Five hundred dollars ($500) for each additional violation within one year of the first violation.
C.The Permit Administrator may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.
D. Violations of this Chapter are not punishable as infractions or misdemeanors. 560
Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 5 of 10 E. Failure to pay an administrative fine pursuant to this Chapter is not punishable as an infraction or misdemeanor. Additional financial conditions beyond those authorized in this Chapter shall not be assessed.
4.50.050 Ability-to-pay determination.
Any administrative citation issued under Chapter 4.50 will include instructions regarding the right to request an ability-to-pay determination. If the requestor meets the criteria described in Government Code Section 68632 (a) or (b), the City shall accept, in full satisfaction, twenty percent (20%) of the otherwise applicable fee.
Article II. Permit Procedure
4.50.060 Permit - Required.
A. Only sidewalk vendors with valid sidewalk vending permits issued by the Permit Administrator may vend upon the City’s public right-of-way.
B. The sidewalk vendor permit shall be renewed annually.
4.50.070 Application procedure and requirements.
An application for a sidewalk vending permit shall be submitted to the Permit Administrator on forms provided by Dublin Police Services and shall include the permit processing fee established by the City Council as part of the City’s Master Fee Schedule. Such forms shall require submission of the following information:
A. The name, address, and telephone number of the business owner and manager and any individuals who will be employed as sidewalk vendors under the permit.
B. A detailed description of the food/merchandise to be sold, a detailed description of the areas in which the sidewalk vendor intends to operate, anticipated hours of operation, and whether the vendor(s) will be roaming or stationary.
C. A copy of a California’s driver’s license or identification number, an individual taxpayer identification number, social security number, or other state-issued identification card. Such information is not a public record and will remain confidential as required by Government Code Section 51038(c)(4).
D. A copy of a valid California Department of Tax and Fee Administration seller’s permit, as required.
E. A copy of a valid mobile food facility permit issued by the Alameda County Department of Environmental Health, as required.
F. Proof of an unexpired business license or proof of current application for business license in the City.
G. An agreement to indemnify the City, its officers and employees, from any liability arising from use of the permit on the public right-of-way.
561
Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 6 of 10 H. Proof of a policy or policies of comprehensive general liability insurance, in an amount of $1 million, approved by the City, and insuring against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by the permittee, with an endorsement naming the City as an additional insured. In addition, the permittee is required to carry workers’ compensation and automobile coverage sufficient to meet the requirements of the State of California.
I. Confirmation of compliance with all conditions and requirements of this Chapter.
J. Livescan form and fingerprints of the applicant.
K. Such other identification and information as deemed necessary by the Permit Administrator.
4.50.080 Amendments to permit.
A. When information provided in the application changes, the operator shall file an amendment to the permit within three (3) business days. The amendment form shall be accompanied by the fee established by the City’s fee schedule.
B. Amendments cannot be used to change goods or merchandise being vended or owners of a sidewalk vending business; new permit applications are required for such changes.
C. A denial of an application to amend a sidewalk vending permit may be appealed as outlined in Section 4.50.140.
4.50.090 City sidewalk vending permit fee required.
No sidewalk vending permit shall be issued until the appropriate fee has been paid. The fee for a city sidewalk vending permit shall be established by the City Council by resolution.
4.50.100 Permit - Issuance or denial.
The Permit Administrator shall, within thirty (30) days after receipt of an application complying with all the provisions of this Chapter, issue a permit or deliver to the applicant, personally or by mail, written notice of denial of the permit, setting forth the reason or reasons for the denial, in accordance with the provisions of Section 4.50.110.
4.50.110 Permit - Grounds for denial.
The Permit Administrator shall deny the permit if he/she finds:
A. That any information contained in or submitted with the application is not true, contains material misrepresentations, or if relevant or material information is omitted from the application; or B. That the operation as proposed by the applicant would not comply with any provision of this Chapter or any other ordinance or regulation of the City or any statute or regulation of the State of California; or
C. That, for any other reason, the operation as proposed would be detrimental to health, safety, or welfare; in violation of the requirement to maintain sanitary conditions; or in non-compliance with the federal Americans with Disabilities Act of 1990 and other disability access standards. 562
Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 7 of 10
4.50.120 Permit - Display requirements.
Every sidewalk vendor must display their City-issued sidewalk vending permit on the street-side portion of their pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non- motorized conveyance in a readily visible location when operating in the public right-of-way.
4.50.130 Revocation or suspension - Reasons.
A. A sidewalk vending permit issued pursuant to this Chapter may be suspended or revoked by the Permit Administrator for any of the following reasons:
1. The permittee provided false information on their application
2. The permittee has failed to comply with the requirements of this Chapter on four (4) separate days in a twelve (12) month period; or
3. The permittee has conducted their business in a manner which endangers the public health, safety, or welfare.
4.50.135 Notification of revocation.
Revocation of a sidewalk vendor permit shall be served in writing no less than fourteen (14) days before the effective date of the revocation to the address listed on the initial application or to any subsequent address provided to the City by the permittee. Any applicant whose application for a sidewalk vendor permit is denied or whose permit is revoked may appeal such decision to the City Manager or designee pursuant to the provisions of Section 4.50.140.
4.50.140 Appeal procedure.
An applicant or permittee may appeal any action or determination of the Permit Administrator under the provisions of this Chapter to the City Manager pursuant to the provisions of Section
1.04.050.
Article III. Operating Requirements.
4.50.150 Requirements - Sidewalk vending.
A. Operational Requirements. Except as otherwise specifically provided in this Chapter, all of the following operational requirements shall be applicable to all sidewalk vendors located within the City:
1. Ensure sidewalk accessibility by maintaining a 48-inch width unobstructed path, exclusive of the curb.
2. Prevent distractions and promote public welfare by refraining from the following: emitting any loud, unnecessary, and unusual noises consistent with the provisions of Dublin Municipal Code Chapter 5.28; using electrical, flashing, or animated signs; the use of tents, or displaying signage, banners, flags, or balloons that exceed a combined total of four (4) square feet. Any sign shall be attached flush to the sidewalk vending receptacle.
3. Maintain sanitary conditions to protect public health. Sidewalk vendors must have trash, recycling, and compost containers in or on their sidewalk vending receptacle; refrain from emptying trash into public trashcans; and must not leave any location without first picking 563
Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 8 of 10 up, removing, and properly disposing of all trash or refuse from their operation.
Additionally, sidewalk vendors must promptly clean up any food, grease, or other substances related to sidewalk vending activities that are discharged on public property.
B. Physical Facility Requirements. Except as otherwise specifically provided in this Chapter, the following physical facility requirements shall be applicable to all sidewalk vendors located within the City:
1. A sidewalk vending permit does not grant an exclusive right to operate in any specific portion of the public right-of-way.
2. Equipment or objects used for sidewalk vending purposes may not be left or maintained in public spaces or in any portion of the public right-of-way from 8:00 p.m. to 9:00 a.m. in commercial areas and 6:00 p.m. to 9:00 a.m. in residential areas. Any equipment or objects left overnight in public spaces or in any portion of the public right-of-way will be considered discarded and may be seized or disposed of by the City.
3. To prevent unintended rolling or slipping, sidewalk vendors are prohibited from operating pushcarts, pedal-driven carts, wagons, or other non-motorized conveyances on public rights-of-way with slopes greater than five (5) percent.
4. Additional Requirements. In residential areas, roaming sidewalk vendors may operate between the hours of 9:00 a.m. and 6:00 p.m.
4.20.160 Prohibited locations.
A. In order to protect pedestrian and vehicular safety and accommodate public street access including parking, traffic, and emergency road access, sidewalk vending shall be prohibited in the following locations:
1. On any sidewalk where the vendor does not leave at least a 48-inch width of unobstructed sidewalk adjacent to a curb. The 48-inch width cannot include curb dimensions.
2. On any sidewalk where there are no legal parking spaces within two hundred (200) feet, with the exception of parks.
3. Within twenty-five (25) feet of any crosswalk or intersection. a. In any area that blocks or obstructs the visibility of traffic signals or regulatory signs. b. In any driveway or parking lot access.
c. Within twenty-five (25) feet of any fire hydrant, fire call box, fire department connection, post indicator valves, or utility cabinets or equipment. d. Within fifty (50) feet of any driveway entrance or exit to the City's Public Safety offices or any fire station.
e. Within fifty (50) feet of any area, structure or facility on which construction is occurring pursuant to a valid building or encroachment permit. f. Within ten (10) feet of a litter receptacle, public art installation, or bike rack. g. Within fifty (50) feet of a bus turnout, bus bench, or shelter. h. Within fifty (50) feet from an outdoor dining area for a restaurant during the operating hours of the restaurant.
564
Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 9 of 10 i. Within ten (10) feet from the entrance or exit doorway to any building or an automated teller machine.
j. Within five hundred (500) feet of any public or private school grounds prior to 4:00 p.m. on any day when the school is in session.
k. Within five hundred (500) feet of any public or private school grounds during sanctioned events held at the school.
l. Within fifty (50) feet of another sidewalk vendor.
m. On any median strip or landscaped area between the sidewalk and curb. n. Within two hundred (200) feet of the perimeter of any Certified Farmers' Market or Special Event, during the hours when any such event is permitted. (Pursuant to Gov.
Code § 51038(d)(1)).
o. Immediately adjoining a bike lane when there is no other legal parking within two hundred (200) feet.
B. Stationary sidewalk vendors are prohibited from operating in areas that are exclusively residential.
4.50.170 Sidewalk vending in parks.
A. A stationary sidewalk vendor is prohibited from operating in a City park if the City has entered into an exclusive agreement for the sale of food or merchandise by one (1) or more concessionaires for that park.
B. Except as provided in Subsection A above, vending within City parks is allowed only upon or alongside sidewalks or other paved or marked pedestrian pathways. Outside of these aforementioned areas, vending shall not take place on sand, dirt, or parking lots. In addition, vending within City parks shall not be allowed where it would reduce sidewalk access below ADA minimums or within ten (10) feet of a public art installation, public information kiosk, or fountain.
C. In parks, sidewalk vendors shall not approach persons to sell food or merchandise.
D. Sidewalk vendors must comply with park hours.
SECTION 4. AMENDMENT OF SECTION 5.100.090
Section 5.100.090.A (Merchandising, advertising and signs—Prohibited acts) of Title 5 Public Welfare of the Dublin Municipal Code is amended to read as follows:
A. Teach, offer to instruct, sponsor a program or service for a fee, except any regularly licensed concessionaire or independent contractor acting by and under the authority and regulation of the Director;
All other subsections remain unchanged.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days following its final adoption. 565
Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 10 of 10 SECTION 6. SEVERABILITY
The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Ordinance or their applicability to other persons or circumstances.
SECTION 7. POSTING OF ORDINANCE
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTEDthis __ day of ______ 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________
City Clerk
566
Attachment 2
Chapter 5.100
PARKS AND RECREATION AREAS AND FACILITIES
Section 5.100.090 Merchandising, advertising and signs—Prohibited acts.
Unless expressly authorized by the Director, no person while in any park shall:
A. Sell, vend, peddle, expose, offer for sale, Tteach, offer to instruct, sponsor a program or service for a fee, except any regularly licensed concessionaire or independent contractor acting by and under the authority and regulation of the Director; B. Announce, advertise or call the public attention in any way to any article or service for sale or hire;
C. Paste, glue, tack or otherwise post any sign, placard, advertisement, or inscription whatever; nor shall any person erect or cause to be erected any sign whatever in any park. (Ord. 35-08 § 1 (part): Ord. 5-93 § 1(I): Ord. 16-88 § 9) 567
STAFF REPORT
CITY COUNCIL
Agenda Item 5.12
DATE: June 25, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Special Designation of General Fund Reserves for Fiscal Year 2023-24 Prepared by: Jay Baksa, Finance Director
EXECUTIVE SUMMARY:
The City Council will consider special designations of General Fund reserves for Fiscal Year 2023-
24. STAFF RECOMMENDATION:
Adopt the Resolution Authorizing a Special Designation of General Fund Committed Reserves for Fiscal Year 2023-24, and confirm changes to General Fund Assigned Reserves.
FINANCIAL IMPACT:
Approval of special designations in the General Fund will not result in any change to total fund balance but would shift resources among reserve categories. The Fiscal Year 2023-24 Unassigned (Cash Flow) Reserve is projected at $58.4 Million after Staff’s recommendation of special designations, which is equivalent to over six months of the Fiscal Year 2024-25 General Fund operating budget. This is above the targeted cash flow of two to four months of the operating budget.
DESCRIPTION:
Background
Governmental Accounting Standards Board Statement No. 54 (GASB 54), Fund Balance Reporting and Governmental Type Definitions, requires fund balance to be classified into different categories for governmental funds depending on the extent to which the use of resources is constrained for specific purposes.
Per GASB 54, the five fund balance classifications are:
Non-Spendable – amounts that cannot be spent because they are either (a) not in spendable form, or (b) legally or contractually required to be maintained. 568
Restricted – balance with constraints placed of the use of the resources which are either (a) externally imposed by creditors, contributors, or laws and regulations of other agencies, or (b) imposed by law through constitutional provisions or enabling legislation. Committed – amounts that can only be used for specific purposes pursuant to formal action of the agency’s governing body. These are considered legally restricted and can only be removed or changed by formal action of the governing body. Action to constrain resources should occur prior to the end of the fiscal year, though the exact amount may be determined subsequently.
Assigned – amounts that are constrained by the governing body’s intent to be used for specific purposes but are neither restricted nor committed.
Fiscal Year 203-24 Year-End
Staff is projecting an operating surplus of $19.2 million in Fiscal Year 2023-24, before transfers and other contributions. Taking into account the budgeted transfers out to capital improvement projects that are funded by reserves, contributions to the facilities replacement fund and the advances to Public Facility Fees, and transfers in, the result is an overall decrease to reserves of $44.6 Million.
Table 1: Reserve Balance Summary
FY 2022-23 Reserve Balance $249.7 Million
FY 2023-24 Projected Operating Surplus (revenues less expenditures) $19.2 Million Transfers Out (CIP) Assigned/Committed Reserves ($33.9 Million) Transfers Out (CIP) Unassigned Cash Flow ($17.3 Million) Contributions to ISF ($2.0 Million)
Advance to Public Facility Fees ($10.7 Million)
Transfers In $0.1 Million
FY 2023-24 Reserve Balance (Projected) $205.1 Million
Difference ($44.6 Million)
The General Fund Reserves Summary (Attachment 2) provides a listing of reserve balances by category. Many of the reserve changes are due to the spending down of Committed Reserves for budgeted capital improvement projects and the spending down of carry-over reserves from the prior year. It should be noted that the Fiscal Year 2023-24 year-end balances are not final until the City closes its financial books, at which time Staff will bring an update to the reserve designations.
Reserve Designation Recommendations
This Staff Report also transmits a Resolution (Attachment 1) which confirms designations and changes only of Committed Reserves for Fiscal Year 2023-24, as City Council approval of Assigned Reserves is not necessary by resolution. Staff recommends the following reserve designations as of June 30, 2024:
569
Committed Reserves:
Downtown Public Improvement Reserve - Increase $4,000,000 This is in accordance with the City Council’s Strategic objective #1a: Continue support of the Downtown Preferred Vision and Downtown Dublin Specific Plan including improving visual and environmental quality and evaluating specific business uses. Lease Revenue Bond Payment – Increase $1,000,000
This is in accordance with the City Council’s Strategic objective #4c: Make annual contributions to reserves for the early payoff of the energy efficiency bonds.
Assigned Reserves:
Staff underwent a review of the reserve designations to identify reserves that could be shifted to other areas based on updated priorities and identified the following. Fiscally Responsible Adjustment – Decrease $325,000
Based on a change in budgeting practices, Staff is recommending eliminating this reserve. In lieu of budgeting contingencies in the reserves, Staff now includes, when necessary, contingencies as appropriations in the annual budget.
Contribution to ISF – Decrease $1,500,000
As with the Fiscally Responsible Adjustment Reserve, Staff now allocates contributions to the City’s ISF’s as a transfer out to the ISF Funds, instead of designating funds in a reserve. Dublin Boulevard Extension Advance – Increase $7,000,000 The City Council directed Staff to allocate $7 million of Fiscal Year 2023-24 General Fund surplus to fill the funding gap of the Dublin Boulevard Extension. The reserve is a cash flow advance to the Eastern Dublin Traffic Impact Fee program and General Fund will be reimbursed by the fee program as development occurs. With the additional designation, the total set-aside for the Dublin Boulevard Extension will be $49.5 million.
STRATEGIC PLAN INITIATIVE:
Strategy 1: Downtown Dublin and Economic Development
Objective A: Continue support of the Downtown Preferred Vision and the Downtown Dublin Specific Plan including improving visual and environmental quality and evaluating specific business uses.
Strategy 4: Organizational Health
Objective C: Make annual contributions to reserves for the early payoff of the energy efficiency bonds.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
570
1) Resolution Authorizing a Special Designation of General Fund Reserves for Fiscal Year 2023-24 2) Fiscal Year 2023-24 General Fund Reserves Summary
571
Attachment 1
Reso. No. XX-24, Item 5.12, Adopted 06/25/2024 Page 1 of 1 RESOLUTION NO. XX – 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AUTHORIZING A SPECIAL DESIGNATION OF GENERAL FUND COMMITTED RESERVES FOR FISCAL YEAR 2023-24
WHEREAS, the City's Fund Balance and Reserves Policy requires special fund balance allocations to be adopted by the City Council, and allows the City Council to take action prior to the end of the fiscal year to direct a specific assignment of the fund balance; and WHEREAS, Staff reviewed updated information regarding fund balance and estimated one-time revenues during the preparation of the Fiscal Year 2024-25 Budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby make a special allocation of the estimated Fiscal Year 2023-24 year-end balance to the Committed fund balance as follows:
Increase the reserve for Downtown Public Improvement Reserve by $4,000,000 Increase the reserve for Lease Revenue Bond Payoff by $1,000,000 BE IT FURTHER RESOLVEDthat, any net resources remaining after special designations, and after meeting the Fund Balance and Reserves Policy requirements, will be left in the Unassigned (Available) Reserve.
PASSED, APPROVED AND ADOPTED this 25th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
572
FISCAL YEAR 2023-24 GENERAL FUND RESERVES SUMMARY
RESERVE DESCRIPTION
Actual
2022-23
Increase
2023-24
Decrease
2023-24
Net Change
2023-24
Projected
2023-24
Non-Spendable $4,859 $0 $4,859
Prepaid Expenses 4,859 4,859
Restricted $4,324,132 $0 $4,324,132
Cemetery Endowment 60,000 60,000
Developer Contribution - Downtown 1,490,000 1,490,000
Developer Contribution - Heritage Park 19,000 19,000
Developer Contribution - Nature Park 60,000 60,000
Section 115 Trust - Pension 1,945,132 1,945,132
Heritage Park Maintenance 750,000 750,000
Committed $76,016,420 $5,000,000 ($20,345,135) ($15,345,135) $60,671,285 Advance to Public Facility Fee 10,747,169 (10,747,169) (10,747,169) Downtown Public Improvement 22,139,587 4,000,000 (384,375) 3,615,625 25,755,212 Economic Stability 8,000,000 8,000,000
Emergency Communications 532,113 532,113
Fire Services Pension/OPEB 2,211,094 2,211,094
Innovations and New Opportunity 894,498 894,498
One-Time Initiative - Capital 1,918,620 (1,419,112) (1,419,112) 499,508 One-Time Initiative - Operating 503,860 503,860
Public Safety Reserve 4,600,000 4,600,000
Specific Committed Reserves
Contribution to Public Facility Fee 6,000,000 6,000,000 Cultural Arts Center (CIP) 7,139,197 (6,964,197) (6,964,197) 175,000 Don Biddle Park (CIP) 675,193 (675,193) (675,193)
Fallon Sports Park III Contingency 100,000 (100,000) (100,000) Lease Revenue Bond Payoff 7,000,000 1,000,000 1,000,000 8,000,000 Maintenance Facility (CIP) 55,089 (55,089) (55,089)
Utility Undergrounding (CIP) 3,500,000 3,500,000
Assigned $125,043,297 $7,000,000 ($36,361,796) ($29,361,796) $95,681,501 Accrued Leave 1,301,506 1,301,506
Catastrophic Loss 17,714,064 17,714,064
CIP Carryovers 6,535,032 (6,535,032) (6,535,032)
Fiscally Responsible Adjustment 325,000 (325,000) (325,000) Municipal Regional Permit 1,869,152 (1,845,428) (1,845,428) 23,723 Non-Streets CIP Commitments 3,276,777 (464,277) (464,277) 2,812,500 Operating Carryovers 2,014,571 (2,014,571) (2,014,571)
Parks and Streets Contingency 201,270 201,270
Pension and OPEB 18,000,000 18,000,000
Relocate Parks Department 500,000 500,000
Service Continuity 3,150,000 3,150,000
Dublin Blvd Extension Advance 42,500,000 7,000,000 (20,000,000) (13,000,000) 29,500,000 Specific Assigned Reserves
ARPA Revenue Replacement 990,187 990,187
Climate Action Plan 2,823,760 (498,157) (498,157) 2,325,603 Contribution to ISF 1,500,000 (1,500,000) (1,500,000)
Façade Improvement Grants 429,972 429,972
Library Tenant Improvement 1,000,000 (1,000,000) (1,000,000) Civic Center Improvements (CIP) 3,010,829 (1,728,152) (1,728,152) 1,282,677 Pavement Management 2,000,000 2,000,000
Public Safety Complex (CIP) 1,022 (1,022) (1,022)
Village Parkway Pavement Reconstruction 15,900,156 (450,156) (450,156) 15,450,000 Unassigned $44,347,900 $45,959,762 ($45,911,176) $48,586 $44,396,486 Unassigned-Unrealized Gains (14,061,701) (14,061,701)
Unassigned (Available) 58,409,602 58,458,188
TOTAL RESERVES $249,736,608 $57,959,762 ($102,618,107) ($44,658,345) $205,078,263 Attachment 2
573
STAFF REPORT
CITY COUNCIL
Agenda Item 5.13
DATE: June 25, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: General Municipal Election – November 5, 2024
Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:
The City Council will consider requesting the Alameda County Board of Supervisors consolidate the City of Dublin Municipal Election with the Statewide General Election. The City Councilmembers will determine whether the statement of qualifications each candidate is allowed to place in the sample ballot should be a maximum of 200 or 400 words and whether the City or each candidate should pay the costs associated with printing their candidate statement.
STAFF RECOMMENDATION:
Take the following actions: 1) adopt the Resolution Calling for a General Municipal Election To Be Held in the City of Dublin on November 5, 2024, Requesting the Alameda County Board of Supervisors Consolidate the City of Dublin General Municipal Election With the Statewide General Election, Authorize Certain Procedural Matters, and Adopting Regulations for Candidates for Elective Office Pertaining to Candidate’s Statement and the Costs Thereof; and 2) affirm Resolution No. 85-10 Encouraging Candidates to Use the Code of Fair Campaign Practices.
FINANCIAL IMPACT:
Sufficient funds to pay for the election have been budgeted in the Fiscal Year 2024-25 Election Budget.
DESCRIPTION:
The City Council adopted Ordinance 11-84 to change the date of the City’s general municipal elections from the second Tuesday in April of even numbered years to the first Tuesday after the first Monday in November in even numbered years to consolidate election cycles with the statewide general election cycle.
On August 19, 1986, the Alameda County Board of Supervisors approved the City’s consolidation 574
with the statewide general election held in November of each even-numbered year.
The City Council is required to adopt a resolution calling and ordering a general municipal election to be held in the City of Dublin on Tuesday, November 5, 2024. Offices to be voted on are one Mayor, one Councilmember – District 1, and one Councilmember – District 3. The Mayor serves a two-year term, and Councilmembers serve four-year terms.
The first day candidates may take out and file nomination papers will be Monday, July 15, 2024.
The last day to file the nomination papers will be Friday, August 9, 2024. If an incumbent, eligible to run, does not file papers, the nomination period for that particular seat will be extended for five calendar days, or until August 14, 2024.
The City Council may determine whether the statement of qualifications which each candidate can place in the sample ballot should be a maximum of 200 or 400 words. Staff recommends that the City Council adhere to past practices and allow a maximum of 200 words. The Alameda County Registrar of Voters also recommends a 200-word maximum in order to maintain uniformity.
The City Council may also determine whether the City or each candidate should pay for the costs associated with typesetting and printing the candidate statements. Based on the last three elections, the average cost to a candidate for publishing his or her statement of qualifications was $564, with 2022 being an outlier of an amount above the $500 deposit. The population-based required translation of candidate statements shall include Spanish, Chinese, Tagalog, and Vietnamese. Therefore, Staff is recommending a deposit of $500 be paid in advance by each candidate to cover publishing costs, based on a 200-word statement, and additional language translation costs. Any difference would either be refunded to the candidate or recovered after the election.
The draft resolution (Attachment 1) calls for the City to decide a tie vote by lot by placing the name of each candidate involved in the tie in an unmarked, sealed envelope, drawing the envelope, and reading the name of the winning candidate. In previous years, the City Council did not define lot in the resolution. Staff recommends the City Council define the form of lot to be used in the case of a tie vote, and after looking at methods by other agencies, Staff recommends the use of unmarked, sealed envelopes.
Staff will issue materials to candidates in electronic format, with a folder of select documents in hard copy, during a scheduled appointment with the City Clerk during the nomination period. The materials will include information such as:
Date of, timeline for, and offices up for election
Nomination Form and information regarding circulating the Nomination Form Candidate Statement information and estimated cost(s) Fair Political Practices Commission (FPPC) Campaign Disclosure Information Forms and Due Dates
City of Dublin Campaign Contribution Limitations and Forms Code of Fair Campaign Practices
575
Ballot Designation Worksheet
Staff scheduled a pre-candidate informational meeting on June 13, 2024, for Dublin residents interested in becoming a candidate. The presentation provided the items outlined above, general information about the City, and any issue(s) identified by the City Manager.
As part of the Candidate Binder, potential candidates are provided with a copy of the Code of Fair Campaign Practices. The California State Legislature established the Code of Fair Campaign Practices (Division 20, Chapter 5, Elections Code) to give the voters guidelines in determining fair play and to encourage candidates to discuss issues fairly and openly. State law requires that the Code be given to candidates, but it is optional as to whether a candidate must sign and return as part of his/her nomination papers. In 2010, the City Council adopted Resolution No. 85-10 encouraging candidates to abide by the Code of Fair Campaign practice and is now being asked to affirm the resolution.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Calling for a General Municipal Election To Be Held in the City of Dublin on November 5, 2024, Requesting the Alameda County Board of Supervisors Consolidate the City of Dublin General Municipal Election With the Statewide General Election, Authorize Certain Procedural Matters, and Adopting Regulations for Candidates for Elective Office Pertaining to Candidate’s Statement and the Costs Thereof
2) Code of Fair Campaign Practices
3) Resolution No. 85-10 Encouraging Candidates to Use the Code of Fair Campaign Practices 576
Attachment 1
Reso. No. XX-24, Item 5.13, Adopted 06/25/2024 Page 1 of 3 RESOLUTION NO. XX - 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
CALLING FOR A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF DUBLIN ON NOVEMBER 5, 2024, REQUESTING THE ALAMEDA COUNTY BOARD OF SUPERVISORS
CONSOLIDATE THE CITY OF DUBLIN GENERAL MUNICIPAL ELECTION WITH THE
STATEWIDE GENERAL ELECTION, AUTHORIZE CERTAIN PROCEDURAL MATTERS, AND
ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATE'S STATEMENT AND THE
COSTS THEREOF
WHEREAS, a General Municipal Election to be consolidated with the Statewide General Election is to be held on Tuesday, November 5, 2024, in and for the City of Dublin; and WHEREAS, certain actions are required in connection with said election; and WHEREAS, Section 13307 of the Elections Code of the State of California specifies that the local agency for that election shall determine whether a charge shall be levied against the candidate for the Candidate's Statement and whether or not the limitation on words for such statement shall be increased from 200 to 400 words; and
WHEREAS, Section 13307 of the Elections Code of the State of California further provides that a written statement of the regulations with respect to charges for handling, packaging and mailing shall be provided to each candidate or his/her representative at the time the nomination papers are received.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin that the General Municipal Election to be held in the City of Dublin on November 5, 2024, is hereby called.
BE IT FURTHER RESOLVED as follows:
1. The Alameda County Board of Supervisors is requested to consolidate the City of Dublin Municipal Election with the Statewide General Election.
2. That within the City the precincts and polling places (vote centers), and their hours of the two elections be the same.
3. The Registrar of Voters of Alameda County is requested to perform services in connection with said election at the request of the City Clerk, including the canvass of returns of the General Municipal Election.
4. The City of Dublin shall pay to the Board of Supervisors of Alameda County its pro-rata share of the expenses for said election as jointly determined by the City of Dublin and the Board of Supervisors of Alameda County in accordance with the provisions of the Elections Code of the State of California.
5. The offices to be voted upon shall be:
One Mayor
One Councilmember – District 1
One Councilmember – District 3
Terms of office shall be:
577
Reso. No. XX-24, Item 5.13, Adopted 06/25/2024 Page 2 of 3 Mayor – 2 years
One Councilmember – District 1 – 4 years
One Councilmember – District 3 – 4 years
6. The City Clerk is hereby directed to cause the posting, publication and printing of all notices or other election materials pursuant to the requirements of the Government Code and Elections Code of the State of California.
7. The City Clerk is hereby directed to obtain printing, supplies and services as required.
8. The City Clerk is hereby authorized to provide such other services and supplies in connection with said election as may be required by the statutes of the State of California.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby adopt the following regulations pertaining to the General Municipal Election to be held in the City of Dublin on November 5, 2024:
Section 1. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at the General Municipal Election to be held in the City of Dublin on November 5, 2024, may prepare a candidate's statement on an appropriate form provided by the City Clerk. Such statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words , of the candidate's education and qualifications, expressed by the candidate. Such statement shall not include the party affiliation of the candidate nor membership or activity in partisan political organizations. Such statement shall be filed in the Office of the City Clerk at the time the candidate's nomination papers are filed. Such statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m., of the next working day after the close of the nomination period.
Section 2. Spanish, Chinese, Tagalog, and Vietnamese Language. In compliance with 1992 amendments to the Federal Voting Rights Act of 1965 (Public Law 54-73, August 6, 1975), as applied to Alameda County, a Spanish, a Chinese, a Tagalog, and a Vietnamese translation of the candidate's statement shall be made available to anyone requesting the translations.
Section 3. Payment. The City Clerk shall estimate the total cost of printing, handling, translating and mailing the candidate's statement filed pursuant to the Elections Code, and require each candidate filing a statement to pay in advance his/her prorated share as a condition of having his/her statement included in the voter's pamphlet. The City Clerk shall bill each candidate for any cost in excess of the deposit and shall refund any unused portion of any deposit.
Section 4. In accordance with Election Code provisions, a tie vote shall be determined by lot.
Candidates who received an equal number of votes would appear before the City Clerk at a time and place designated by the City Clerk. Each candidate’s name would be placed in an unmarked, sealed envelope, and the City Clerk would draw an envelope and read the name of the winning candidate.
Section 5. The City Clerk shall provide each candidate or the candidate's representative with a copy of this Resolution at the time nomination petitions are issued. 578
Reso. No. XX-24, Item 5.13, Adopted 06/25/2024 Page 3 of 3 PASSED, APPROVED AND ADOPTED this 25th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_ _____
Mayor
ATTEST:
City Clerk
579
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CFCP 2008 / Rev. 2006 MCADirect LLC.
Required to be given to candidate.
Optional to be signed and returned.
EXPIRES:
Election Date:
City of
CODE OF FAIR CAMPAIGN PRACTICES
(Division 20, Chapter 5, Elections Code.)
Chapter 5. Fair Campaign Practices
Article 1. General Intent
20400. The Legislature declares that the purpose of this chapter is to encourage every candidate for public office in this state to subscribe to the Code of Fair Campaign Practices.
It is the ultimate intent of the Legislature that every candidate for public office in this state who subscribes to the Code of Fair Campaign Practices will follow the basic principles of decency, honesty, and fair play in order that, after vigorously contested, but fairly conducted campaigns, the citizens of this state may exercise their constitutional right to vote, free from dishonest and unethical practices which tend to prevent the full and free expression of the will of the voters.
The purpose in creating the Code of Fair Campaign Practices is to give voters guidelines in determining fair play and to encourage candidates to discuss issues instead of untruths or distortions.
Article 2. Definitions
20420. As used in this Chapter, "Code" means the Code of Fair Campaign Practices.
Article 3. Code of Fair Campaign Practices (summary)
20440. At the time an individual is issued his or her declaration of candidacy, nomination papers, or any other paper evidencing an intention to be a candidate for public office, the elections official shall give the individual a blank form of the code and a copy of this chapter. The elections official shall inform each candidate for public office that subscription to the code is voluntary.
In the case of a committee making an independent expenditure, as defined in Section 82031 of the Government Code, the Secretary of State shall provide a blank form and a copy of this chapter to the individual filing, in accordance with Title 9 (commencing with Section 81000) of the Government Code, an initial campaign statement on behalf of the committee.
The text of the Code shall read, as follows: (See "CODE OF FAIR CAMPAIGN PRACTICES" on reverse side). 20442. The elections official shall accept, at all times prior to the election, all completed forms that are properly subscribed to by a candidate for public office and shall retain them for public inspection until 30 days after the election. 20443. Every code subscribed to by a candidate for public office pursuant to this chapter is a public record open for public inspection.
20444. In no event shall a candidate for public office be required to subscribe to or endorse the code.
Attachment 2
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Required to be given to candidate.
Optional to be signed and returned.
EXPIRES:
Election Date:
City of
CODE OF FAIR CAMPAIGN PRACTICES
There are basic principles of decency, honesty, and fair play which every candidate for public office in the State of California has a moral obligation to observe and uphold in order that, after vigorously contested but fairly conducted campaigns, our citizens may exercise their constitutional right to a free and untrammeled choice and the will of the people may be fully and clearly expressed on the issues.
THEREFORE:
(1) I SHALL CONDUCT my campaign openly and publicly, discussing the issues as I see them, presenting my record and policies with sincerity and frankness, and criticizing without fear or favor the record and policies of my opponents or political parties that merit this criticism.
(2) I SHALL NOT USE OR PERMIT the use of character defamation, whispering campaigns, libel, slander, or scurrilous attacks on any candidate or his or her personal or family life.
(3) I SHALL NOT USE OR PERMIT any appeal to negative prejudice based on a candidate's actual or perceived race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age, sexual orientation, sex, including gender identity, or any other characteristic set forth in Section 12940 of the Government Code, or association with another person who has any of the actual or perceived characteristics set forth in Section 12940 of the Government Code. (4) I SHALL NOT USE OR PERMIT any dishonest or unethical practice that tends to corrupt or undermine our American system of free elections, or that hampers or prevents the full and free expression of the will of the voters including acts intended to hinder or prevent any eligible person from registering to vote, enrolling to vote, or voting. (5) I SHALL NOT coerce election help or campaign contributions for myself or for any other candidate from my employees. (6) I SHALL IMMEDIATELY AND PUBLICLY REPUDIATE support deriving from any individual or group that resorts, on behalf of my candidacy or in opposition to that of my opponent, to the methods and tactics that I condemn. I shall accept responsibility to take firm action against any subordinate who violates any provision of this code or the laws governing elections. (7) I SHALL DEFEND AND UPHOLD the right of every qualified American voter to full and equal participation in the electoral process.
I, the undersigned, candidate for election to public office in the State of California or treasurer or chairperson of a committee making any independent expenditures, hereby voluntarily endorse, subscribe to, and solemnly pledge myself to conduct my campaign in accordance with the above principles and practices.
_________________________________________________________________________ Signature Date
Date of Election
Printed Name
581
Attachment 3
582
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584
STAFF REPORT
CITY COUNCIL
Agenda Item 5.14
DATE: June 25, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Payment Issuance Report and Electronic Funds Transfers Prepared by: Gloria Tai, Senior Finance Technician
EXECUTIVE SUMMARY:
The City Council will receive a listing of payments issued from May 1, 2024 – May 31, 2024, totaling $9,885,560.27.
STAFF RECOMMENDATION:
Receive the report.
FINANCIAL IMPACT:
Summary of Payments Issued
Report Period May 1, 2024 – May 31, 2024
Total Number of Payments: 396
Total Amount of Payments: $9,885,560.27
DESCRIPTION:
The Payment Issuance Report (Attachment 1) provides a listing of all payments for the period beginning May 1, 2024, through May 31, 2024. This report is provided in accordance with the policy adopted November 15, 2011, in Resolution No.189-11. The listing of payments has been reviewed in accordance with the policies for processing payments and expenditures.
The City’s practice of reporting payments to the City Council after the payments have been made is in compliance with California Government Code Sections 37208 (b) and (c), which allow for an agency to make payments without first being audited by the legislative body, as long as such 585
payments are: 1) conforming to a budget approved by ordinance or resolution of the legislative body; and 2) presented to the legislative body for ratification and approval in the form of an audited comprehensive annual financial report.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Payment Issuance Report for May 2024.
586
Date Issued
5/1/2024
5/3/2024
5/3/2024
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UNUM LIFE INS CO OF AMERICA LIFE AND AD&D PREMIUM - APR 2024 12,066.26 Payments Issued 5/1/2024 Total: 12,066.26
City of Dublin
Payment Issuance Report
Print Date: 6/3/2024
Payments Dated 5/1/2024 through 5/31/2024
Payee Description Amount
A4 PROMOTIONS & INCENTIVES 2024 ST. PATRICK'S DAY CELEBRATION PRINTING 392.40 VISION SERVICE PLAN - (CA) VISION INSURANCE PREMIUM - APR 2024 2,186.78 Payments Issued 5/3/2024 Total: 16,039.53
DELTA DENTAL OF CALIFORNIA DELTA DENTAL PREMIUM - APR 2024 13,852.75 AT&T INTERNET/CABLE SVC WAVE, SR, PSC 2,089.12
AT&T 600M INTERNET CIVIC CENTER FIBER SERVICES 1,802.67 ALAMEDA COUNTY FIRE DEPARTMENT ATTN: ACCOUNTS RECE FIRE SERVICES FY23-24 MAY 2024 1,407,171.42 AMOSPRO ENTERPRISES, LLC STATE OF THE CITY PRODUCTION 4,475.00 A4 PROMOTIONS & INCENTIVES BUSINESS CARDS 62.92
A4 PROMOTIONS & INCENTIVES BANNER FOR STATE OF THE CITY 268.11 AT&T - CALNET 3 SERVICE TO CIVIC 04/12/2024 111.70
AT&T - CALNET 3 SERVICE TO LIBRARY 911 04/14/2024 29.11 AT&T - CALNET 3 SERVICE TO 800 04/12/2024 0.01
AT&T - CALNET 3 SERVICE TO SR ALARM 04/12/2024 198.56
AT&T CVC AT&T IPFLEX VOIP LINE 629.49
AT&T - CALNET 3 SERVICE TO WAVE 04/12/2024 111.81
AT&T - CALNET 3 SERVICE TO FS18 04/14/2024 84.22
AT&T - CALNET 3 SERVICE TO CY 04/14/2024 234.11
AT&T - CALNET 3 SERVICE TO PSC FIRE ALARM 04/14/2024 56.67 AT&T - CALNET 3 SERVICE TO FSP FAX 04/14/2024 56.67
AT&T - CALNET 3 SERVICE TO CY 04/14/2024 56.67
AT&T - CALNET 3 SERVICE TO CY FAX 04/14/2024 29.11
AT&T - CALNET 3 HERITAGE 9391018979 04/14/2024 29.11
AT&T - CALNET 3 SHANNON CENTER ALARM 9391063350 04/12/2024 29.12 AT&T - CALNET 3 ASE CIRCUITS TO 03/31/2024 2,337.42
AT&T - CALNET 3 HERITAGE CENTER BACKUP 04/06/2024 62.22 AT&T - CALNET 3 SERVICE TO BLDG INSP 04/14/2024 29.14
AT&T - CALNET 3 SERVICE TO ELEVATOR 04/14/2024 111.77
BIG O'TIRES #7 POLICE VEHICLE REPAIRS & MAINTENANCE 115.68 BLAISDELL'S BUSINESS PRODUCTS OFFICE SUPPLIES APR 2024 1,114.54 BAY ALARM COMPANY ALARM SERVICES SERVICE CALL - FS17 MAR 2024 3,030.00 BAY AREA AIR QUALITY MGMT DIST CIVIC ANNUAL PERMIT RENEWAL INVOICE 1,292.00 BARCODES INC E-CITATION PRINTERS 10,383.61
CALIFORNIA SPIRIT ELITE, INC. REC CLASS INSTRUCTOR 1,820.00 BSK ASSOCIATES INC. GEOTECHNICAL PEER REVIEW FEB 2024 1,315.00 BSK ASSOCIATES INC. GEOTECHNICAL PEER REVIEW MAR 2024 1,380.75 CDW GOVERNMENT INC DPS VIEWING STATION FOR SITUATIONAL CAMERAS 1,958.10 CHANDLER ASSET MANAGEMENT INVESTMENT CONSULTING SERVICES JAN 2024 13,982.24 CDW GOVERNMENT INC LAPTOP BATTERY REPLACEMENT 124.31
CARBONIC SERVICE THE WAVE POOL CHEMICALS 320.27
CASTRO VALLEY PERFORMING ARTS REC CLASS INSTRUCTOR 1,008.00 CINTAS CORPORATION NO.2 FIRST AID RESTOCK 108.67
COMCAST BUSINESS CABLE 3/18-4/17/2024 99.16
CHRISTINE PETIT REC CLASS INSTRUCTOR 475.20
CONVERGEONE, INC. E911 - PROFESSIONAL SERVICES GENERAL 10,353.50 CORODATA SHREDDING, INC. SHRED BIN PICKUP FEB 2024 86.58 CONSOR NORTH AMERICA, INC. ENGINEERING SERVICES - PLAN REVIEW FEB 2024 3,861.50 CONSOR NORTH AMERICA, INC. ENGINEERING SERVICES - PLAN REVIEW MAR 2024 6,963.00 COMCAST CIVIC CENTER COMCAST 500M INTERNET 03/31/2024 2,300.00 CONSOR NORTH AMERICA, INC. ENGINEERING SERVICES - PLAN REVIEW DEC 2023 3,320.50 DREAM RIDE ELEVATOR ELEVATOR MAINTENANCE APR 2024 516.00 DUBLIN CHEVROLET 2024 CHEVY MALIBU REPLACING D45 -DPS 28,460.24 DEPARTMENT OF JUSTICE ACCTNG OFFICE-CASHIERING UNI LIVESCAN FEES - FEB 2024 863.00 DEPARTMENT OF JUSTICE ACCTNG OFFICE-CASHIERING UNI LIVESCAN FEES - MAR 2024 608.00 CORODATA SHREDDING, INC. SHRED BIN PICKUP MAR 2024 43.29 DANIEL S COLLEY PCS COMMISSION 04/15/24 50.00
ENTERPRISE RENT A CAR EAN SERVICES, LLC RENTAL CARS FOR DPS SIU 2,362.86 ESHA SUNIL SHENOY PCS COMMISSION 04/15/24 50.00
EAST BAY POOL SERVICE, INC. ROUTINE POOL MAINTENANCE AT THE WAVE 8,844.00 DUBLIN CHEVROLET 2023 CHEVROLET BOLT EUV -CODE ENFORCEMENT OFFICER 33,610.19 DUTCHOVER & ASSOCIATES ENGINEERING SERVICES - PLAN REVIEW FEB 2024 172.50 GANNETT FLEMING, INC. CM/PM SERVICES FOR WALLIS RANCH PARK MAR 2024 15,518.18 GANNETT FLEMING, INC. IRON HORSE NATURE PARK AND OPEN SPACE PHASE 1 15,882.71 GANNETT FLEMING, INC. 2023 SLURRY SEAL JAN 2024 732.66
GANNETT FLEMING, INC. CM/PM SERVICES FOR WALLIS RANCH PARK FEB 2024 11,572.88 EUROPEAN MOBILE WERKS POLICE VEHICLE REPAIRS & MAINTENANCE 269.67 GUIDA SURVEYING INC. ENGINEERING SERVICES - PLAN REVIEW FEB 2024 1,681.29 ICMA ICMA ANNUAL MEMBERSHIP RENEWAL 200.00
GLADWELL GOVERNMENTAL SVCS INC RECORDS MANAGEMENT ASSISTANCE 1,000.00 GOLDEN STATE FLEET SVCS INC DPS TOWING SERVICE 125.00
Attachment 1
587
City of Dublin
Payment Issuance Report
Print Date: 6/3/2024
Payments Dated 5/1/2024 through 5/31/2024
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INNOVATION FOR GREEN ADVANCED I-GATE ANNUAL MUNICIPAL PARTNERSHIP 2024 25,000.00 IPERMIT PERMIT REFUND #BLDG24-03171 CXLD PERMIT 211.60
KIMLEY-HORN AND ASSOC. INC. SAFE ROUTES TO SCHOOL JAN 2024 28,736.14 JOLT SOFTWARE, INC. JOLT LEGACY PLATFORM TERMED 2025 1,294.79 JOSEPH THOMAS WASHINGTON II PCS COMMISSION 04/15/24 50.00 JOHNSON CONTROLS SECURITY SOLUTIONS, LLC. ALARM SERVICES PSC MAR 2024 1,197.91 JOHNSON CONTROLS SECURITY SOLUTIONS, LLC. ALARM SERVICES PSC SERVICE CALL FEB 2024 968.82 LPA, INC. LIBRARY CONCEPT DESIGN MAR 2024 5,463.32
MARIAM NOORZAD HUMAN SERVICES COMMISSION 3/28/24 50.00
L.N. CURTIS AND SONS DPS UNIFORM ITEMS 728.04
MELISSA HERNANDEZ MILEAGE REIMBURSEMENT - LEAGUE LEADERS CONFERENCE 24.76 MEYERS NAVE FOR PROFESSIONAL SERVICES RENDERED THROUGH FEB 2024 41,360.28 MATTHEW T GILLER PCS COMMISSION 04/15/24 50.00
MAUSAMI RAVANI BUSINESS LICENSE FEE REFUND 93.00
MARK THOMAS & COMPANY, INC. IRON HORSE TRAIL CROSSING DESIGN SVCS MAR 2024 268.26 MARSHA MOORE REIMBURSEMENT - CCAC ANNUAL CONFERENCE 171.45 NAMRATA BERRY REC CLASS INSTRUCTOR 270.00
NICOLE WANZENRIED MILEAGE REIMBURSEMENT - APR 2024 53.80 MICHELLE SUNG MILEAGE & PARKING REIMBURSEMENT APR 2024 54.04 MINUTEMAN PRESS POSTERS AND PROGRAMS FOR STATE OF THE CITY 479.88 MEYERS NAVE FALLON VILLAGE GHAD PROFESSIONAL SERVICES FEB 2024 466.50 MEYERS NAVE SCHAEFER RANCH GHAD PROFESSIONAL SERVICES JAN 2024 975.00 PG&E B6 SERVICE TO FSP 04/07/2024 7,849.51
PG&E B10S SERVICE TO EGP 04/11/2024 4,008.66
PG&E 6196 HORIZON PKWY M DON BIDDLE 04/16/2024 935.52
PG&E LS2-A EAST DUBLIN 04/16/2024 21,618.74
PAKPOUR CONSULTING GROUP, INC. ENGINEERING SERVICES - PLAN REVIEW FEB 2024 14,590.00 PG&E SERVICE TO VARIOUS 1997-1 04/11/2024 43.70
PG&E SERVICE TO PSC 04/15/2024 3,065.87
PG&E A6 SERVICE TO FS17 04/07/2024 1,001.27
PG&E B1 ART LIGHT 7401 DUBLIN BLVD 04/01/2024 228.59
PG&E B1 SERVICE TO VARIOUS IRRIG 03/12/2024 43.24
PG&E VAR PARK IRRIGATION 04/08/2024 3,359.16
PG&E B6 SERVICE TO BRAY CMMNN 04/11/2024 59.19
PG&E TC1 SERVICE TO 3544 DB 04/12/2024 137.99
PG&E B1 SERVICE TO VARIOUS 1997-1 04/11/2024 23.59
PG&E SERVICE TO VARIOUS TC 03/13/224 11,456.59
PG&E TC1 SERVICE TO FALLON 04/12/2024 147.49
PG&E TC1 SERVICE TO DB 04/05/2024 3.07
PG&E TC1 SERVICE TO TASSAJARA 04/10/2024 135.43
PG&E SERVICE TO WAVE 04/07/2024 41,044.53
PG&E LS2-A SERVICE TO AVELLINA 04/12/2024 185.04
PG&E LS2-A SERVICE TO CENTRAL 04/16/2024 4.87
PG&E SERVICE TO SR CTR 04/11/2024 1,320.68
PG&E LS2-A SERVICE TO 04/08/2024 1,106.13
PG&E LS2-A SERVICE TO ARN & MART 04/16/24 103.87
PLAN JPA GENERAL LIABILITY CLAIMS - MAR 2024 180.08
PLEASANTON EVENT RENTALS INC LINEN CLEANING FOR PCS RENTALS PROGRAM 1,531.25 PG&E B6 SERVICE TO LIBRARY 03/31/2024 3,982.84
PLAN JPA GENERAL LIABILITY CLAIMS - FEB 2024 18,876.05
PG&E SERVICE TO PSC 04/15/2024 4,901.04
PG&E A6 SERVICE TO FS18 04/11/2024 802.06
PRISCILLA A BARTON REC CLASS INSTRUCTOR 42.00
RACHEAL MATHENY PCS COMMISSION 04/15/24 50.00
RRM DESIGN GROUP, A CA CORP ENGINEERING SERVICES - PLAN REVIEW MAY 2023 1,635.00 RICHARD THORNBURY PCS COMMISSION 04/15/24 50.00
RON HSI TRI-VALLEY AIKIDO REC CLASS INSTRUCTOR 144.00
REDWOOD TOXICOLOGY LAB. INC. DPS - TOXICOLOGY SERVICES 223.94 RENNE PUBLIC LAW GROUP, LLP CITY COUNCIL STRATEGIC PLANNING 4,378.77 STANFORD HEALTH -VALLEYCARE OCCUPATIONAL HEALTH MEDICAL TEST FEES 925.00 STONERIDGE CHRYSLER JEEP DODGE POLICE VEHICLE REPAIRS & MAINTENANCE 1,584.94 SHALINI REDDY MILEAGE REIMBURSEMENT - APR 2024 36.98
SILVERADO VALLEY ELECTRIC ELECTRICAL FOR PUBLIC ART AT HERITAGE 8,072.45 RRM DESIGN GROUP, A CA CORP ENGINEERING SERVICES - PLAN REVIEW JAN 2024 2,683.00 SELECT IMAGING 2024 BIKE TO MARKET BANNER APR 2024 54.77 TESLA ENERGY PERMIT REFUND #BLDG22-01634 EXP. PROJECT 107.80 THE CONSTRUCTION ZONE, LLC RETIREMENT STREET SIGN 54.88 TESLA ENERGY PERMIT REFUND #BLDG23-02136 CXLD PERMIT 300.40 TESLA ENERGY PERMIT REFUND #BLDG23-02134 CXLD PERMIT 190.00 SWINERTON MANAGEMENT AND CONSULTING PLAN/CONSTR REVIEW CULTURAL ARTS CENTER MAR 2024 62,050.00 SYED SAMEER SHABIR HAKIM PCS COMMISSION 04/15/24 50.00
TRI-VALLEY JANITORIAL INC. JANITORIAL SERVICES MAR 2024 22,884.36 TREASURER ALAMEDA COUNTY GENERAL SERVICES AGENCY FUEL MAR 2024 18,298.41 TRI-VALLEY JANITORIAL INC. JANITORIAL SERVICES FEB 2024 22,884.36 THE SOURCING GROUP, LLC DEPARTMENT APPAREL - UNIFORMS 23/24 - WAVE 2,677.75 TREASURER ALAMEDA COUNTY PARKING CITATIONS COLLECTED 1,151.00 588
City of Dublin
Payment Issuance Report
Print Date: 6/3/2024
Payments Dated 5/1/2024 through 5/31/2024